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HomeMy WebLinkAbout20221471 Ver 2_Flatiron Forest_Resubmittal_Cover Letter and Attachments_20230426Wibhe�����s Rave �""Ie I April 26, 2023 US Army Corps of Engineers Raleigh Regulatory Field Office Ms. Jean Gibby 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 NC -Division of Water Resources 401 & Buffer Permitting Unit Ms. Stephanie Goss 1617 Mail Service Center Raleigh, NC 27699 Re: Flatiron Forest - NWP 29 & 401 PCN Submittal for Revised Impacts Pittsboro, Chatham County USACE AID #SAW-2022-01047 NCDWR #20221471 WR Project #02220132.00 Dear Ms. Gibby and Ms. Goss, A previous NWP 29 (USACE ID SAW-2022-01047) and 401 WQC (DWR#20221471v1) dated were issued for the proposed project. After the USACE and NCDWR permits were issued, Chatham County required modifications to the design of the road crossings during the Construction Drawings review and approval. Specifically, the comments from the county resulted in a shift of the extent of the Copley Road culvert crossing resulting in a revised vertical road profile. Additionally, DOT comments regarding headwall height to extend the culverts to tie in correctly were required. This revision has resulted in changes to the impact footprints and an overall increase in stream impacts. Wetland impacts have also changed from the previous submittal. Therefore, we are submitting this application for approval of the revised impacts under a NWP 29. On behalf of RBV 1525, LLC, we are requesting authorization from the USACE to use NWP 29, as well as requesting a 401 WQC from NC DWR for the impacts in the table below. Buffer impacts will be permitted through Chatham County as the designated local authority. Feature Type of Impact Impact Area LF SF AC Stream Permanent (Functional Loss) 78 - 0.004 Stream Permanent (No Functional Loss) 26 - 0.002 Stream Temporary 68 - 0.002 Stream Totals 172 - 0.008 Wetland Permanent - 4,310 0.099 Wetland Temporary - 1,437 0.033 Wetland Totals - 5,747 1 0.132 11.5 1v4adh(vnan II:"irivv I Cary, NC 27511. t: 910.4693o3,10 I vvvvvvov d ici!rvssi avvi l'o onn I 11 1ccinsc No. II 1.479 : a,P, cOdI, I Caiy I Qhaidottc I Giccnsl;:zoro I I1.unfl! crton I I11:)!Hsl',:or II vi f,,.r `1oludi ii 11:)hI as I WHIndintton Flatiron Forest II��k iirii jJersRavenel Pittsboro, Chatham Co. iill NWP 29 PCN Submittal for Revised Impacts The proposed total permanent impacts to jurisdictional waters are 0.105 acres and therefore the project is eligible for authorization under an NWP 29: Type of Impact Impact Area LF AC Wetland - Permanent - 0.099 Stream - Permanent (Functional Loss) 78 0.004 Stream - Permanent (No Functional Loss) 26 1 0.002 Total 104 1 0.105 The proposed project consists of the construction of a 29-lot single-family residential subdivision and associated infrastructure (roads, sidewalks, open recreational space, utilities, stormwater management, etc.). The proposed Flatiron Forest subdivision consists of a ±42-acre site located on two parcels (Parcel #s: 2037 & 2014) located at 678 Hamlets Chapel Road in Pittsboro, Chatham County (Lat: 35.796308°N;-79.129349°W). The project is in the Cape Fear River basin (HUC: 03030002) and onsite waters drain to the Haw River. The Water Quality Classification for the Haw River is: WS-IV;NSW,CA and the Stream Index Number is: 16-(28.75). Proposed Proiect The purpose of the proposed project is to construct a single-family residential subdivision to meet the existing and growing demand for residential housing in Chatham County. The project consists of the following: • 29 single family home lots • Construction of infrastructure (roads, greenways, open space, utilities, stormwater management, etc.) The proposed design for the internal roads will result in one stream crossing. Copley Court will cross Stream 2 perpendicularly with a culvert. Riprap dissipators will be constructed below the culverts to dissipate flow velocity to prevent erosion and sedimentation of the stream. A second road, Flatiron Forest Drive will cross a narrow area of Wetland C with a culvert. A SCM device is proposed at the other end of the proposed culvert. Proiect History A previous NWP 29 (USACE ID SAW-2022-01047) dated 12/21/2022 and 401 WQC (DWR#20221471v1) dated 12/16/2022 were issued for the proposed project. WithersRavenel conducted a delineation of the wetlands and streams in March 2022 which were field verified by the USACE and issued a Preliminary Jurisdictional Determination (SAW-2022- 01047) on July 6, 2022. The USACE PJD and Approved Delineation Exhibit have been provided as attachments. SHPO issued a review letter on April 27, 2022, which has been provided as an attachment. SHPO had no comments on the project as proposed. Page 2 of 5 Flatiron Forest II��k 101jJersRavenel Pittsboro, Chatham Co. iill NWP 29 PCN Submittal for Revised Impacts Buffer subjectivity was verified by Chatham County on June 2, 2022. Chatham County Watershed Department issued a Buffer Determination Letter on June 8, 2022, which has been provided as an attachment. WithersRavenel completed a survey for federally listed species in March 2022 and determined that the proposed project would have No Effect on federally listed species or their critical habitat. The results of the survey were submitted to the USFWS for review. In an email dated 6/16/2022, John Ellis with the USFWS stated that the Service concurred with our determinations, which were No Effect. A copy of the USFWS concurrence email, as well as the USFWS Concurrence Request has been provided as an attachment. WithersRavenel submitted the Pre -Filing Meeting Request via email on 9/19/2022. A copy of the request email has been provided as an attachment. Proposed Impacts The proposed impacts consist of: • 78 If (0.004 acres) of permanent functional loss stream impacts • 26 If (0.002 acres) of permanent no functional loss stream impacts • 68 If (0.002 acres) of temporary stream impacts • 0.099 acres of permanent wetland impacts • 0.033 acres of temporary wetland impacts The required DOT and Chatham County changes from the previous submittal have resulted in an increase in permanent stream impacts of 15 If (+14 If of permanent functional loss; +1 If of no functional loss). Permanent wetland impacts have increased (+0.024 ac). All proposed permanent stream impacts are necessary for the installation of the Copley Court Road crossing over Stream 2 (intermittent). The proposed Copley Court Road crossing is necessary to access the developable uplands in the western portion of the site. Copley Court has been designed to cross Stream 2 perpendicularly using a 68" x 72' RCP to carry base flow of the stream and a 68" x 54' RCP which will provide flood flow only. The culverts will be buried 12" below the stream bed. 78 linear feet of permanent stream impacts (Impact S2) with functional loss are proposed for the crossing. Additionally, 0.079 acres of permanent wetland impacts (Impact W2) are proposed at this crossing. The proposed crossing features DOT standard headwalls. A riprap dissipator will be installed below the culverts to prevent erosion and sedimentation of downstream waters which will result in 26 linear feet of permanent stream impacts with no functional loss (Impact S3). The riprap will be installed by burying the riprap such that the top of the riprap matches the pre -construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of this section of stream channel. During construction of the culverted road crossing, work will be completed "in the dry" by constructing temporary coffer dams upstream and downstream of the culverts within the impact areas and pumping flow around the construction area. 68 linear feet of temporary stream impacts (Impacts S1 & S4) and 0.033 acres of temporary wetland impacts (Impacts W1 & W3) are proposed for construction of the crossing. Permanent impacts to Wetland C of 0.020 acres are proposed for a crossing of the wetland to construct Flatiron Forest Drive necessary to access developable uplands in the northern portion of the site. A narrow portion of Wetland C (Impact W4) is proposed to be permanently impacted by a culverted road crossing. Page 3 of 5 Flatiron Forest II��k 101jJersRavenel Pittsboro, Chatham Co. iil NWP 29 PCN Submittal for Revised Impacts The culvert under Flatiron Forest Drive is designed to convey water from Wetland C to SCM 1 (wet detention). Hydrologic connectivity between Wetlands C and B will be maintained through this culvert and SCM 1. In a pre -application meeting with Ms. April Norton, USACE, on October 6, 2022, it was determined that this was an acceptable way to maintain connectivity between Wetland C and downstream waters since SCM 1 is a wet pond that will have regular discharge through the low flow orifice. No impacts to Wetland C will occur from construction of SCM 1. Upon completion of construction, all temporarily impacted streams will be restored to pre - construction contours and the banks will be stabilized using a biodegradable matting and seeded with a riparian seed mix. No matting will be placed on the stream beds. Additionally, all temporarily impacted wetlands will be restored to natural grade and seeded with a wetland seed mix to provide temporary stabilization until natural revegetation permanently stabilizes these areas. Avoidance and Minimization Prior to site plan design, the applicant requested that a detailed delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed permanent impacts for construction of the subdivision and infrastructure have been minimized to only those necessary for construction of two road crossings to access developable uplands within the site. There are no impacts proposed for construction lots, utilities, stormwater management, or greenways. All road crossings have been designed to cross wetlands and stream perpendicularly at the narrowest points to minimize impacts. Impacts to Stream 2 are unavoidable because the only way to access developable uplands in the western portion of the site is to cross the stream. It was deemed not feasible to choose an alternate location for Copley Court to avoid wetland impacts as this would have required the road be positioned at the northern end of the site near the cul-de-sac of Flatiron Forest Drive. While this location would have avoided wetland impacts, it is not a logical location and would have resulted in the loss of lots thereby making the project unfeasible. A riprap dissipator will be constructed at the Copley Court crossing such that the riprap will be installed by burying to match the pre - construction contours of the natural stream bed, allowing for the passage of aquatic life, and preventing a loss of function. DOT standard headwalls are proposed at the crossing to reduce fill slope helping to minimize stream impacts. Proposed permanent wetland impacts for the culverted crossing of Wetland C by Flatiron Forest Drive were primarily driven by the placement of SCM 1 in a low area between Wetlands C and D for the gravity driven stormwater drainage for the roadway. Hydrologic connectivity between Wetland C and downstream waters will be maintained through the culvert and SCM 1. Upon completion of construction, all temporarily impacted streams will be restored to pre - construction conditions and grades, and temporarily stabilized with biodegradable matting and seeded with a riparian seed mix. No matting will be placed on the stream bed. Access during construction will occur within uplands. Additionally, sediment and erosion control measures will be installed prior to construction. Page 4 of 5 Flatiron Forest Pittsboro, Chatham Co. NWP 29 PCN Submittal for Revised Impacts Mitigation Stream Mitigation Illl�f@III iJersRavenel The proposed project will result in 0.004 acres (78 If) of permanent stream impacts with functional loss. Because the proposed total permanent stream impacts with functional loss are below 0.02 acres, the applicant does not propose to compensatory mitigation for permanent stream impacts. Wetland Mitigation The proposed project will result in 0.099 acres of permanent wetland impacts. Because the proposed total permanent wetland impacts are below 0.1 acres, the applicant does not propose to provide compensatory mitigation for permanent wetland impacts. Stormwater Management Plan The stormwater management plan consists of two constructed stormwater wetland SCMs which provide a minimum of 30% nitrogen removal and therefore diffuse flow is not required. The stormwater management plan will be reviewed and approved by the Chatham County as the certified local municipality. Please feel free to call if you have questions or require additional information to complete your review. Sincerely, Rick Trone Environmental Scientist Attachments: • PCN Form • Agent Authorization Forms • Pre -Filing Meeting Request Email • Aerial Exhibit • USGS Quads • Chatham County Soil Survey • Parcel/Property Owner Info • Approved Delineation Exhibit • USACE Preliminary Jurisdictional Determination • USACE NWP 29 (12/21/2022) • NCDWR 401 WQC Excerpt (12/16/2022) • USFWS Concurrence Email & WR Concurrence Request • SHPO Comment Letter • Chatham County Buffer Determination Letter • Preliminary Site Plan • Revised Wetland/Stream Impact Exhibits Page 5 of 5 � Will (Wi "(wil ii<<r Fu GkNV4 S DoovSignEnvelope ID: 2ECEBAB1-OE 314U1r-9OD737os13E3D3O2 ppill ���°�U� �� U ����NU�U���U�����ave ��n leOur Peclp�e. Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned contract purchaser, RBV 1525, LLC (Client) does hereby appoint WithersRavenel, Inc. shis, her, orit's agent for the purpose ofpetitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for ±42-acres of the ±91.39-acre parcel, Chatham Co. PIN: 9764-00-14-6789, located directly north of 624 Hamlets Chapel Road, in Pittsboro, NC. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) Tosubmit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf ofthe Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: WithersRavenel, Inc. Cary, NC 27511 Tel. (919)-469-3340 Date: 4/21/2022 Signature ofClient: nex vick Jr. manager 3434 Kildaire Farm Rd. Ste I35 Mailing Address Cary NC 27518 City State Zip (9I9)868-4934 Email: rvick@windjamdevelopment.com 115h4ac(cnanDdve �Call N[27511 t�919.469J34Df�919.467.6OO8� wwwmiLh���vCI'll dzom iccnw No. F-1479 AsheviUcICary �[har|oMoGreensboro � Lumbcdon � PiLsbom� Ra|6ghSouthcmPinesIVVi|ming�on oocuaignEnvelope ID: cAsmao19-41oe-4nn4-844A-BFoowescusx '�UIN Mal Our People. Youl Success. AUTHORIZATION FOR PROPERTY ACCESS The undersigned 0YVOer(s)Margaret Browning do(es) hereby authorize VVitheBRavcno|,Inc. tOaccess ±42~ acres of the ±91.39-acre parcel, Chatham Co. PIN: 9764-00-14-6789, located directly north of 624 Hamlets Chapel Road, in Pittsboro, NC for the purpose of environmental regulatory agency review (US Army Corps of EnQ/neers. NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife Service, local Municipa|ities, etc] and approvals (i.e. wetland de|ineotion, stream/buffer determination, environmental permitting, etc.) at the request of the contract purchaser. This authorization does not bind the current property owner(s) to financial responsibility for services rendered on the subject property by WithersRavenel, Inc. This agreement sha I I continue in effect until completion/termination of the purchase contract for the subject Contract Purchaser's Agent Info: WithersRavenel, Inc, Cary, NC 27511 Tel. (919)-469-3340 Date: 4/21/2022 Signature ofOwner(s): Name-Phnt Title mor"owneuby. Mailing Address City State Zip Phone: oocuGiQnEnvelope ID: Cx6DB819-4108-4504-844A-eFo51*e6cB58 �% U ON OurPcople�YourSuccess, AUTHORIZATION FOR PROPERTY ACCESS The undersigned 0VVOe[(s), do(es) hereby authorize VVithersAavenei Inc. tmaccess ±42-.acres of the ±91.39-acre parcel, Chatham Co. PIN: 9764-00-14-6789, located directly north of-624 H"ar�iets Chapel Road, in Pittsboro, NC for the purpose of environmental regulatory agency review (US Army Corps of Engineers, N[ Division of Water Quality, NC Division of Coastal Management, U6 Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland de|ineadon, stream/buffer determinatimn, environmental permitting' etc.) at the request of the contract purchaser. This authuri2ation does not bind the current property ovvner(s)ho financial responsibility for services rendered on the subject property by WithersRavenel, Inc. This agreement shall continuein effect until completion /termination of the purchase contract for the subject Contract Purchaser's Agent Info: WithersRavenel, Inc. Cary, NC 27511 Tel. (919)-469-3340 Date:4/Zl/2U27 Signature ofOwmedd: PrintName - DocuSigned by: Mailing Address City State Zip Phone: i I o I') (o � i I i From: Trone, Rick To: 401PreFile(d)ncdenr.aov Subject: Flatiron Forest - Pre -filing Meeting Request (WR#02220132.00) Date: Monday, September 19, 2022 1:42:00 PM On behalf of RBV 1525, LLC , we are requesting a Pre -filing meeting for the following project: Project Name: Flatiron Forest County: Chatham Applicant Name: RBV 1525, LLC Applicant Email: Rex Vick Jr., rvick@windjamdevelopment.com Thank you, i I o I') (o � i I i AERIAL,, EXI-thBIT" rc A tl' r / " rc I �'Vi (W Yliprc' !T II U I 1 l9 {III �FlNN,ANl III INu I I� N� d �mm q,m ,,�Y� ��'''�, i01 '"�4 I��� "qµ Il n iM19i�y� IIIVGPIIIIIO IIIIIIINM 'm 1 m�,ymlj' �uul "� m� ° � INurv�iV'�(;�,I�!14II�� Vlm mrr �"�mtlttfidV�l�l ,I immmq�m'1'mm ""�i�iuuui° w, uIINpIU4�wlo QQMIW�1?lY m��w I� log I I I r u � , i� rc ° ply" MOr Yo "y ir' I v IIIw Ism �"'on'u w"�M'✓uj NS�owuVkrcl ��r�fal�''II �� /dq i muN�� "p �` is ���^ ��y�4�v±Q� 0 � $ Re m'�'WIN �'"'"'�'w'"�uflml � r o i'��w � �Io'mm°'�u'wyy � m � � ° m�°IIymIIII�NIAH11�N1 mrcrc4 � 1 m�W N�I�orc�W�l�lll•ro, ✓aCY ,� II I Q � oµ 4I I AI ��I i � i,� um III 1 I QIII QII tll ° � ulu uu r ,, Y um IrcNu plum � "" a�. i UVllllllli'"��id � u nI �awum°imrc m m m� e„m� @�I�I umio p I IIII � I U I �III� N Nlw C17 ml mlpm I&dm � I�� l.. �mNW,WQ JJ,'Ij "� III IY'lU!%iNNI'M41UU Ilmu�ul (V... 1 A"m`mi rbm !mil ,1N6 � I it INS Q I I �Ircm � a I r� � �NS� � ililili�Vmouu i o h���i��u �I Ih�91 • �r m�" Im ��i � mi N,w'mor,.,r rmm :, vu i!mn iu� IVIu'uto I �°m f M''w.a"'f11ttA'n ,u muvrcm ,l� I � Nunm QI P �N �� m�mumu � 1 m Illllr�rwrrcnn;�mINlYgrypl�� v ilm�l i � i IIM1N9m tlNV� mil��p IIIIIIVII1X�ti�l � � imu m� r P �� �� �ro'mu lua w yNmlmm�l IIQ �I� '�'m'mmu uNlm � rI'mumw��� III VM�titm°u a M1'I ,may °�. P,'�IIIImIV6 � I9 ° Nm"ti�° rmm�um'u'� � � IIII IIItlN�Im�Y� Nymll m � mglu °Iltl lumm�f".�'Nu �mmiNia�lj�" � III rr� �m mmmoina ImHiiln�� w "�i'�iuvr m I IIIIOIVmuwm � °nN�'fllluD,m a timmnn 0.b� "m I NI � II OI1I <:oI') (o)iI I1((r 15, 1S S QUADS DS � 4 GRAPHIC SCALE 0 1000 2000 ,r 1 inch = 2000 ft. 4CC .:'! eV ,54.fdka7EhVS 57"iR'rNR? u r A"a4 o T._ Y., .. ,..3 yN ^ ' u+ r � v., a � V �t i rah Eirbar�pe9' y 4 d �y ADO,h ��w qq ... 11 IN cL I ,✓.,r � ��'w � �� �r"' � �.r.r � w- � i�` ..e� ..."''� Nan,., nd� 4 �`� ��� ,,,� 4�� ,. �'���"' q G w� ...., l ,,. ,. ,e"" �r1CF� �i�i✓ r7 ✓ 4CY UJ {4 uw T mm. t � �} ,1 yy' l I �n4 Yf]I ,✓� tj i,f' 4 r p y{ e�W f TY 11 14 «« PROJECT LOCATION` .,, ��� i.,; 1 450 , r A + 000 V4 s,. u U J,y �� '� "i F� yk ilyTr, J P!: "� C ✓ � d� �'. 1 11f Y w✓' Y}' Ccrrrth"' icir�4a t�h �� 1� iCP3 MCl7 . r roor rq a Byrnum ..0 M , w v j tls �Y r _ �Ij X, f FLATIRON FOREST III USGS QUAD (2019) - BYNUM III 1� WithersRavenet Engineers I Planners I Surveyors GRAPHIC SCALE rI 0 200 400 46ft- 1 inch 400 ft. J .0 4L A "k, 777" jr ,e '4 l ji 's j Is . ...... . .. N11 f ri "I .............. . ... .. ....... f �j f[lry . . . . . . . ... . ... ............ .. ..... ...... iw 0 ... . ... . .. . I . I I .. f w.41 lj .... ... .. '10 % vq, .1 FLATIRON FOREST USGS QUAE PITTSBORO CHATHAM COUNTY NORTH CAROLINA . . oa PROJECT BOUNDARY .... ... .. .. . N BYNUM WithersRavenet Engineers I Planners I Surveyors i I o I') (o � i I i CO((Jl'a�J'T'Y SOIL, S(URVEY i I o I') (o � i I i EXI-thBIT" GRAPHIC SCALE 0 150 300 1 inch = 300 R. N c C N " r rO — an N6 L PROJECT BOUNDARY y'Y ±42-ACRES 3 w `` AFAF CHATHAM CO PARCEL 02037 CHATHAM LAND & TIMBER MGMT LLC & MARGARET BROWNING 981 OLD GRAHAM ROAD PITTSBORO, NC 27312 C° ±91.39 ACRES X X BOOK: 0735; PAGE: 0341 w Z O Lu 0- O z 0 Q 0 z CHATHAM CO PARCEL *2014 CHATHAM LAND & TIMBER MGMT LLC & MARGARET BROWNING 981 OLD GRAHAM ROAD PITTSBORO, NC 27312 ±0.69 ACRES BOOK: 0942; PAGE: 0697 Oz w o z� O` �u Q 0 0 11 N SIlf Will (Wi "(wil APPROVED EXI-thBIT" GRAPHIC o ioo 1 inch =ro N � / � > REVIEW AREA WETLAND F � SUBJECT TO BUFFERS A a L � _ 3: w WIL ,, WETLAND E I / SUBJECT TO BUFFERS WETLAND D '�� lP SUBJECT TO BUFFERS 50' CHATHAM l CO. RIPARIAN BUFFER � WETLAND C �p SUBJECT OT BUFFERS uu .III � YII Z STREAM 3 �'- � X INTERMITENT W SUBJECT TO BUFFERS Z O I Q W �Iu Z i w STREAM 2 i / Q /l� e / �� PERENNIAL ) �/ aY SUBJECT TO BUFFERS N / af LLJ LL / WETLAND B W BUFFERS 100' CHATHAM CO. Z RIPARIAN BUFFER Q W W ' p EPHEMERAL � SUBJECT TO BUFFERS � L� /,I {f O � 30' CHATHAM CO. u '� RIPARIAN BUFFER o F, 1 WETLAND A /� af z �. J SUBJECT TO BUFFERS O O u H n I u 4, ,e r ee O /r m NOTES: 1) WETLAND/BUFFER DELINEATION PERFORMED BY WR ON 03/30/2022. 2) WETLAND/STREAM/BUFFER LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION, CHATHAM COUNTY GIS DATA, AND TOPOGRAPHIC INTERPRETATION. 3) BUFFER SUBJECTIVITY BASED ON CHATHAM COUNTY WATERSHED PROTECTION ORDINANCE. BUFFER s SUBJECTIVITY WAS VERIFIED BY CHATHAM COUNTY ON 06/08/2022. 4) THIS PROPERTY MAY BE SUBJECT TO ADDITIONAL MUNICIPAL/ZONING BUFFERS WHICH SHOULD BE VERIFIED a f PRIOR TO DESIGN. 5) DELINEATION AND JURISDICTIONAL STATUS WAS VERIFIED BY USACE ON 07/06/2022 (SAW-2022-01047). i I o I') (o � i I i U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-01047 County: Chatham U.S.G.S. Quad: NC -Bynum NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: WithersRavenel Alvssa Ricci Address: 115 Mackenen Drive Carv, NC 27511 Telephone Number: 919-215-8619 E-mail: aricci(dwithersravenel.com Size (acres) 42 Nearest Town Pittsboro Nearest Waterway Haw River River Basin Cape Fear USGS HUC 03030002 Coordinates Latitude: 35.7936 Longitude:-79.1293 Location description: The proiect site is approximately 42 acres located adiacent to Hamlets Chapel Road, near the town of Pittsboro, Chatham Countv, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 5/5/2022. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U. S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2022-01047 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on ATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastinger at 919-554-4884 ext 32 or James.C.Lastinger(dusace. armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 07/06/2022. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water- Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHIL,IP.A. SHANNIN(&USACE.ARMY.MIL, In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Divisio Office if you do not object to the determination in this correspondence. ** Corps Regulatory Official: Date of JD: 07/06/2022 Expiration Date of JD: Not applicable SAW-2022-01047 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.anny.mil/customer-service-survey/. Copy Furnished: PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 07/06/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: WithersRavenel, Alyssa Ricci, 115 Mackenen Drive, Cary, NC 27511 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Hamlets Chapel Road site, SAW-2022-01047 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 42 acres located adjacent to Hamlets Chapel Road, near the town of Pittsboro, Chatham County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Chatham City: Pittsboro Center coordinates of site (lat/long in degree decimal format): Latitude: 35.7936 Longitude:-79.1293 Universal Transverse Mercator: Name of nearest waterbody: Haw River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): © Office (Desk) Determination. Date: July 6, 2022 El Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decrial. degrees) Lo ngptunde (decinn it degrees), E.stirxu3ted araio unnt of aquatic resources in re,view area (acreage and linear feet., if applicable Type of arpxua:ric resources (i.e., wetland rrs. non- wetland wgtens) Geographic anatlaexrity* to which the aquatic resource 1:n12y be" subject (i.e-, Section 404 or Section 141A 4) Welland A 35.791147507° IN -79.12807361`W 026 acres Weth nd Section 404 Wetland B 35.795879731,"N -79.1297654CA"ar 0.76 acres Wetland Sectirann 404 Wetland C° 35.7972701304� -79.1283113=168nll 0. `a 5 acres. 'tipvAetlarrmd Section 404 la,letland D 35.7977741967'N -79.1311561971nV 010 acres Wetland Section 404 Wetland E 35.7979828561N -79.131756461=11117 0.016 acres Vvnetlarnd Section 404 Welland 35.798439322 N -79.127139397°W 0.025icres 'wu'ethnnd Section 404 Stream 1 35.7951.37418°N -79.12999552,6°'w'17 106 1f 1" on wetluar d Section 404 Stream 2 35.796,631142"N -79.130002338nll 1.505 If Nona weal- rid Section 404 Stream 3 3,5.7976841,951,"NT-79.139820797-W 88 if Tw on weda,and Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved 7D (AID) for that review area based on an informed decision after having discussed the various types of 7Ds and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the 7D will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subj ect review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ❑X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: attached dated 5/5/2022 ❑X Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the ❑Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ❑X USGS NHD data: ❑USGS 8 and 12 digit HUC maps: © U.S. Geological Survey map(s). Cite scale & quad name: Bynum Quad ®Natural Resources Conservation Service Soil Survey. Citation: Chatham county. 2006, sheet 4 ❑X National wetlands inventory map(s). Cite name: USFWS NWI ❑ State/local wetland inventory map(s): ® FEMAIFIRM maps: NC FIRM ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ❑X Photographs: © Aerial (Name & Date): NC One map 2021 or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify) : IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. ignature and date of Regulatory staff member completing PJD 07/06/2022 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. GRAPHICSCALE 1 inch Cu REVIEW AREA WETLAND F POTENTIAL WETLAND ` �_ WATERS OF THE US 2"'�' N „ L o AFAF WETLAND E POTENTIAL WETLAND f WATERS OF THE US WETLAND D POTENTIAL WETLAND WATERS OF THE US RZ4N j ,� WETLAND C STREAM 3 POTENTIAL WETLAND WATERS OF THE US � INTERMfTTENT �� i�i 4 p] POTENTIAL NON -WETLAND �I �I Ili WATERS OF THE US 0 u �ry , Lx DP-3&4 h Z _O PERENNIAL NON•WETLAND �� WETLAND B �� Lu & ' POTENTIAL WETLAND WATERS OF THE US w Q ��INU Z l� O U � �^ j EPHEMERAL � � POTENTIAL NON•WETLAND WATERS OF THE US Fjs j r l9 0 �r�O �" / WETLAND A a E"" POTENTIAL WETLAND �� " Q c t' WATERS OF THE US LL D s/ � LL �u fIr i r r �iif e i QQQ�e o m NOTES: 1) WETLAND/BUFFER DELINEATION PERFORMED BY WR ON 03/30/2022. 2) WETLAND/STREAM LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION, CHATHAM COUNTY GIS DATA, AND TOPOGRAPHIC INTERPRETATION. � Will (Wi "(wil ii<<r U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-01047 County: Chatham U.S.G.S. Quad: NC-Bvnum GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Pennittee: RBV 1525, LLC. Attn: Rex Vick, Jr. Address: 3434 Kildaire Farm Road Cary, North Carolina 27518 Telephone Number: 919.868.4924 E-mail: rvicknwindi amdevelop ment.com Size (acres) —42 Nearest Town FearrinE!ton Nearest Waterway Haw River River Basin Cape Fear USGS HUC 03030002 Coordinates Latitude: 35.7963 Longitude:-79.1293 Location description: The project area is located at 678 Hamlets Chapel Road in Pittsboro, Chatham County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.098 acre of riparian, non-riverine wetlands and 89 linear feet (0.006 acre) of stream channel with 64 linear feet (0.004 ac) resulting in a loss of waters of the US. The temporary discharue of fill material into 0.042 acre of wetlands and 25 linear feet (0.001 acre) is also required. These impacts are necessary for the Flatiron Forest Subdivision development. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 29 — Residential Development SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions, your application signed and dated 10/21/2022, and the enclosed plans "Flatiron Forest — Impact Maps" dated 9/22/2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general pennit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general pennit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide pennit. If the nationwide and/or regional general pennit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the teens and conditions of the nationwide pennit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general pennit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general pennit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to detennine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Anny verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/pennits. If there are any questions regarding this verification, any of the conditions of the Pennit, or the Corps of Engineers regulatory program, please contact April Norton at 919-441-3637or April.R.NortonnUSace.army.mil. Corps Regulatory Official: JAB /,P- lt')&Itae" Date: 12/21/2022 Expiration Date of Verification: 3/14/2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at hill L/ M))smMLIILsaCLL'9 ny LijjLern ilex/Crp- 13C: :6) Copy furnished: Agent: WithersRavenel Attn: Rick Trone Address: 115 MacKenan Drive Cary, North Carolina 27511 Telephone Number: 919.538.8184 E-mail: rtronenwithersravenel.com Property Owner: Chatham Land & Timber LLC. & Maruaret Browning Attn: Richard Danek Address: 981 Old Graham Pittsboro, North Carolina 27312 Telephone Number: 919.868.4924 E-mail: rvicknwindi amdevelopment.com Action ID Number: SAW-2022-01047 County: Chatham Permittee: RBV 1525, LLC., Attn: Rex Vick, Jr. Project Name: Flatiron Forest Subdivision Date Verification Issued: 12/21/2022 Project Manager: April Norton Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: April Norton Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or Apri1.R.Norton@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date � Will (Wi "(wil ii<<r ROY COOPER Governor ELIZABETHH S. OISER Secretary RICHARD E. ROGERS, JR. Director December 16, 2022 NORTH CAROLINA Environmental Quality DWR # 20221471 Chatham County RBV 1525, LLC Attn: Rex Vick, Jr. 3434 Kildaire Farm Road Cary, NC 27518 (via email: rvick(a)windjamdevelopment.com) Subject: Approval of Individual 401 Water Quality Certification Flatiron Forest Subdivision USACE Action ID. No. SAW- 2022-01047 Dear Mr. Vick: Attached hereto is a copy of Certification No. 5461 issued to Rex Vick, Jr. and RBV 1525, LLC, dated December 16, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [I5A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. North Carolina Department of Environmental Quality 11 Division of Water Resources �✓� Raleigh Regional Office 3800 Barrett Drive 11 Raleigh, North Carolina 27609 919,791,4200 iu`�et,���`�f:�n`ai, tnv€rmuoro,eryuar r€r�mrnuy DocuSign Envelope ID: 95A45A4E-F8F2-45F8-AEB6-E549EAA214AE Flatiron Forest Subdivision DWR# 20221471 Individual Certification #WQC005461 Page 2 of 14 If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at V2uq); "v� w�� w���.0 �~a� V ~a�lluu/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization Certificate in accordance with N.C.G.S 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Zach Thomas at 919-791-4255 or zachary.thomas&ncdenr.gov if you have any questions or concerns. Sincerely, ocuSigned by: E�D A, -E. 2916E6AB32144F... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Rick Trone, WithersRavenel (via email: rtrone(a)withersreavenel.com) April Norton, USACE Raleigh Regulatory Field Office (via email) Gabriela Garrison, NC Wildlife Resources Commission (via email) DWR 401 & Buffer Permitting Branch Electronic file North Carolina Department of Environmental Quality 11 Division of Water Resources Raleigh Regional Office 11 3800 Barrett Drive 11 Raleigh, North Carolina 27609 r � N rg u�rh av 4 xYLL imwrim m8.�l d�mmOUTy� 919,791,4200 Flatiron Forest Subdivision DWR# 20221471 Individual Certification #WQC005461 Page 3 of 14 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION 95461 is issued in conformity with the requirements of Section 401, Public Laws 92- 500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Rex Vick, Jr. and RBV 1525, LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on October 21, 2022, and payment received October 26, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands: W1: Construction Access 0 (acres) 0.022 (acres) W2: Road Crossing 0.075 acres 0 acres W3: Construction Access 0 acres 0.020 acres W4: Road Crossing 0.023 (acres) 0 (acres) 404/401 Streams: S1: Construction Access —Dewaterin 0 (linear feet) 15 (linear feet) S2: Road Crossing — Culvert 64 linear feet 0 linear feet S3: Road Crossing — Ri Ra 25 (linear feet) 0 (linear feet) S4: Construction Access — Dewaterin 0 (linear feet) 10 (linear feet) This approval requires you to follow the conditions listed in the certification below: CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1) Erosion and Sediment Control: Appropriate measures should be installed prior to any land clearing activities to protect wetlands, streams, and/or buffers from turbidity and/ or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside wetland, stream, and/or buffer boundaries. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. Citation: 15A NCAC 02H .0506 (b)(1) and (2) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. North Carolina Department of Environmental Quality 11 Division of Water Resources Raleigh Regional Office 11 3800 Barrett Drive 11 Raleigh, North Carolina 27609 rvpiq i i � cF,rvoi_ iNF, 919,791,4200 Will (Wi I'looplo Yom �IJSFWS EN)MIL, & WR REQUEST From: Ellis, John To: Ricci. Alvssa; Mann. Leigh Subject: Fw: DUE DATE: DUNE 16, 2022 Fw: [EXTERNAL] Flatiron Forest Subdivision - Pittsboro, Chatham County - Threatened & Endangered Species Assessment Concurrence Request Date: Thursday, August 4, 2022 1:48:04 PM Attachments: USFWS Concurrence Reauest- Flatiron Forest Subdivision 5.18.2022.odf The Service concurs with your determinations. John From: Mann, Leigh <leigh_mann@fws.gov> Sent: Wednesday, May 18, 2022 1:26 PM To: Ellis, John <john_ellis@fws.gov> Subject: DUE DATE: JUNE 16, 2022 Fw: [EXTERNAL] Flatiron Forest Subdivision - Pittsboro, Chatham County - Threatened & Endangered Species Assessment Concurrence Request Leigh Mann Office Automation USFWS Raleigh ES FO 551-F Pylon Drive Raleigh, NC 27606 Office: 1-919-856-4520 ext. 10 Fax: 1-919-856-4556 leich mannfWs. ov NOTE: This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act (FOIA) and may be disclosed to third parties. From: Ricci, Alyssa <aricci@withersravenel.com> Sent: Wednesday, May 18, 2022 12:51 PM To: Mann, Leigh <leigh_mann@fws.gov> Subject: [EXTERNAL] Flatiron Forest Subdivision - Pittsboro, Chatham County - Threatened & Endangered Species Assessment Concurrence Request This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Ms. Mann, Attached is the report documenting our findings for the survey conducted for federally listed threatened and endangered species for the Flatiron Forest Subdivision in Pittsboro, Chatham Cou nty. We are requesting USFWS concurrence with our findings. Please let me know if you have questions, and thank you in advance for your assistance with this project. W ii Our People. Your Success. May 18, 2022 Mr. Pete Benjamin US Fish & Wildlife Service 551F Pylon Drive Raleigh, NC 27606 Re: Flatiron Forest Subdivision Pittsboro, Chatham County Threatened & Endangered Species Assessment Report - Request for Concurrence WR Project #02220132.00 Mr. Benjamin, WithersRavenel (WR) has conducted a site review of the Flatiron Forest Subdivision review area for the purpose of evaluating the presence of federally listed threatened and endangered species and/or potential habitat within the review area. The review area is 42.69 acres and consists of all of the one parcel (Chatham Co Parcel ID: 2014, 0.69 acres), and the 42-acre portion of the larger parcel (Chatham Co Parcel ID: 2037, 92 acres) located east of Hamlets Chapel Road in Pittsboro, Chatham County, North Carolina (Lat: 35.795104°N; Long:-79.128811°W). The review area is located within the Cape Fear River Basin (HUC 03030002) and drains to the Haw River. The NC Stream Index for the Haw River is 16-(28.75) and the Water Quality Classification is WS-IV; NSW, CA. WR surveyed the review area for the presence of federally listed threatened and endangered species, or their potential habitat, protected under the Endangered Species Act (ESA). This report summarizes the findings of the survey. Proposed Activities The review area is being assessed to determine the viability of the site for the future development of a residential neighborhood. Site Conditions The review area consists entirely of undeveloped woodlands and contains three streams and small wetland complex. The onsite woodlands were characterized as pine plantation forest. Based on a review of historical aerial imagery the property was logged/clearcut around 1985 and reforested with rows of planted pine trees between 1999-2005. Since 2005, the pine forest has been managed for silviculture, including periodic thinning of the pines. The vegetative community within the review area has been classified as pine plantation forest which has a dense canopy dominated by loblolly pine (Pinus toeda) and the understory sparsely vegetated with 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington Our Peog711e. Your Success. American holly (Ilex opoca), Chinese privet (Ligustrum sinese) and Japanese stiltgrass (Microstegium vimineum). Threatened & Endangered Species Review Methodology WR reviewed the US Fish and Wildlife Service's online threatened and endangered species database, located at: http://www.fws.gov/raleigh/species/cntylist/nc_counties.htmi and the NC Wildlife Resource Commission's "State and Federally Listed Endangered Wildlife Species of North Carolina" publication, located at www.ncwildlife.org, to identify federally listed threatened and endangered species known to occur in Chatham County, North Carolina. WR summitted a request on 03/10/2022 for the official species list generated using USFWS' Information for Planning and Consultation (IPaQ, located at s.;. ... .... ..... s. s... ov/ipac/. This species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of the project and may be affected by the project. The IPaC list specified that there are six species (Red -cockaded Woodpecker, Cape Fear Shiner, and Harperella) that may be within the project area or affected by the project. The IPaC list has been provided as an attachment. WR submitted a project review request to the NCNHP through their Data Explorer webpage, located at: httr�s://ncnhde.natureserve.or�/, to identify known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The NCNHP project review did not identify any known occurrences of federally listed species within the review area or within 1.0 miles, as documented in the attached letter from NCNHP dated 03/10/2022. On 03/30/2022, WR conducted a pedestrian survey to assess vegetative communities and identify potential habitat for, or occurrences of federally listed species within or immediately adjacent to the review area. The review area contained one vegetative community (pine plantation forest) as discussed in the Site Conditions section of this report. Species SvnoDSis and Preliminary Assessment Results Plants and animals classified as Endangered (E) or Threatened (T) by the USFWS are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. Plants and animals classified as Proposed (P) are currently proposed for official designation of a protected species under the Endangered Species Act. The following table presents federally listed species on the IPaC list dated 03/10/2022. Page 2 of 6 Our Peog711e. Your Success. Common Name Scientific Name Federal Habitat Biological Determination Status Present Federally listed Species by U PW" S for Chatham County Bald Eagle Halioeetus leucocephalus BGEPA* No No Effect Red -Cockaded Picoides borealis E No No Effect Woodpecker Cape Fear Shiner Notropis mekistocholas E No No Effect Harperella Ptilimnium nodosum T No No Effect *BGEPA - Bald and Golden Eagle Protection Act Bald Eagle (BGEPA) Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. WR reviewed the NC Natural Heritage Program GIS data to determine the location of the known bald eagle nest sites and their distance from the review area. Based on the NCNHP GIS data, there are no known occurrences of bald eagle nesting/roosting sites within 1.0 mile of the review area. According to the 2022 NCNHP data, the nearest known bald eagle nest (EOID: 15747) is ±3.87 miles east of the review area. The US Fish and Wildlife Services' "National Bald Eagle Management Guidelines" (May 2007), specifies that activities taking place in excess of 660' from a Bald eagle nest will have no effect on the nesting activities. During the pedestrian surveys, no bald eagles or their nests were observed within or adjacent to the review area. Additionally, no bald eagles were observed in flight. The review area did not contain large dominant trees with unobstructed access that could be used for nesting sites. Furthermore, there is no potential foraging habitat within 2.0 miles and therefore a survey of the areas within 660' of the review areas was not required. Based on a lack of suitable nesting habitat, and lack of nearby records, WR concludes that the project will have No Effect on bald eagles. Biological Determination - No Effect Red -Cockaded Woodpecker (E) The red -cockaded woodpecker (RCW) occurs in extensive tracts of open stands of mature pines, particularly longleaf pine (Pinus palustris), for foraging and nesting/roosting habitat, typically 70 to 100 acres or more. The red -cockaded woodpecker is rarely found in deciduous or mixed pine - hardwoods. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat. Optimal habitat is characterized as a broad savanna with a scattered overstory of large pines and a dense groundcover containing a diversity of grass, forbs, and shrub species. Midstory vegetation is sparse or absent. Frequent fires maintain the quality of the RCW's habitat. The Page 3 of 6 Our Peog711e. Your Success. foraging range of the RCW is normally no more than 0.5 miles. The review of the NCNHP GIS data did not identify any known occurrences of RCW within 1.0 miles of the review area. The onsite pine plantation forest is approximately 17-23 years of age based on historic aerials, making them much too young to be considered potential RCW nesting habitat. The pedestrian survey confirmed that there are no large, contiguous stands of mature pine dominated forest that could be potential RCW nesting habitat. A review of aerial photography determined that there are no large areas of mature pine forest within 0.5 mile of the review area sufficient to be considered suitable RCW nesting habitat. Therefore, the review area was not considered potential RCW foraging habitat. Based on a lack of potential habitat, and lack of nearby records, WR concludes that the proposed project will have No Effect on RCW. Biological Determination - No Effect Cape Fear Shiner (E) The Cape Fear shiner is a small (approximately 2" long), yellowish minnow with a black band along the sides of its body. The Cape Fear shiner is generally associated with gravel, cobble and boulder substrates and is endemic to the upper Cape Fear River Basin in the Central Piedmont of North Carolina. The species is known to occur in tributaries and mainstreams of the Deep River, Haw River, Rocky River and Cape Fear River in Chatham, Harnett, Lee, Moore and Randolph Counties. The USFWS identifies the Critical Habitat Designation for the Cape Fear Shiner as being ±4.1 miles of the Rocky River from NC Hwy 902 bridge downstream to Chatham County Road 1010 Bridge, and ±0.5 river miles of Bear Creek, from Chatham County Road 2156 Bridge downstream to the Rocky River, then downstream in the Rocky River (±4.2 river miles) to the Deep River, the downstream in the Deep River (±2.6 river miles) to a point 0.3 river miles below the Moncure, NC, USGS Geological Survey Gauging Station. The USFWS designated critical area is located approximately 18.5 miles from the project, within an adjacent tributary. Constituent elements include clean streams with gravel, cobble and boulder substrates with pools, riffles, shallow runs and slack water areas with large outcrops and side channels and pools with water of good quality with relatively low silt loads (USFWS, Federal Register reference 9/25/87, Federal Register, 2: 36034-36039). The proposed project is outside of the designated critical area for the Cape Fear shiner. The ephemeral and intermittent streams located in the review area were not considered potential habitat due to the lack of water in these streams during portions of the year. The perennial stream within the review area was small and shallow only having a depth of water approximately 2-4". This perennial stream contained sandy beds and did not contain significant gravel or cobble substrates, and therefore was not considered suitable habitat. Based on being outside the designated critical habitat, the lack of potential habitat, lack of nearby records, WR concludes that the project will have No Effect on the Cape Fear shiner. Biological Determination - No Effect Page 4 of 6 Our Peog711e. Your Success. Harperella (T) Harperella is a perennial herb that grows to a height of 6-36 inches with leaves that are hollow, quill -like structures. Harperella flowers from May until the first frost, and the small white flowers occur in heads, reminiscent of a small Queen Anne's lace flower head. Harperella is typically found on rocky or gravel shoals and sandbars and along the margins of clear, swift - flowing stream sections. The only known population in Chatham County is a recently re- introduced population in the Deep River after the original population known from that area disappeared. The ephemeral and intermittent streams located in the review area were not considered potential habitat due to the lack of water in these streams during portions of the year. The perennial stream was a small, low -flowing shallow stream that had a depth of water approximately 2-4" and therefore was not considered suitable habitat. Based on the lack of potential habitat, lack of nearby records, WR concludes that the project will have No Effect on harperella. Biological Determination - No Effect Summary The review area does not contain occurrences of, or potential habitat for the Bald Eagle, RCW, Cape Fear Shiner, or Harperella and the proposed activities will have no effect on these species. Therefore, based our findings and best professional judgment Section 7 consultation with the USFWS under the ESA is not required as the proposed project will have No Effect on federally listed threatened or endangered species known to occur in Chatham County. We request USFWS' review of the results of the of the threatened and endangered species for concurrence with our findings. Please feel free to contact me if you have any questions or concerns regarding the contents of this report. Sincerely, Alyssa Ricci Environmental Scientist WithersRavenel Troy Beasley Senior Environmental Scientist WithersRavenel Page 5 of 6 Our Peog711e. Your Success. Attachments: 1) USGS Quadrangle Exhibits 2) Aerial Exhibit 3) Vegetative Communities Exhibit 4) Bald Eagle Location Exhibit 5) Chatham County Soil Survey Exhibit 6) USFWS Official Species List 7) NCNHP Project Review Letter 8) Photo Documentation REFERENCES 1. 2021 Natural Heritage Program List of Rare Plant Species of North Carolina. Edited by Laura Gadd Robinson. N. C. Natural Heritage Program; NC Department of Environment and Natural Resources. 2. 2020 Natural Heritage Program List of the Rare Animal Species of North Carolina. Compiled by Judith A. Ratcliffe. N. C. Natural Heritage Program; NC Department of Environment and Natural Resources. 3. Flora of the Southern and Mid -Atlantic States - May 2015 version by Alan S. Weakly, University of North Carolina Herbarium. 5. Natural Heritage Program Database Search at: h t s.;.//_roc_nhde.r atur serve..®_rg/ accessed 01/07/2022. 6. NC Natural Heritage Program Project Review Letter dated 03/10/2022. 7. USFWS IPaC Official Species List dated 03/10/2022. Page 6 of 6 USFWS OFFICIAL SPECIES ��L IST rY. United States Department of the Interior FISH AND WILDLIFE SERVICEp� 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: March 10, 2022 Project Code: 2022-0018370 Project Name: Flatiron Forest 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.). 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 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. 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 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 Project Summary Project Code: 2022-0018370 Event Code: None Project Name: Flatiron Forest Project Type: Residential Construction Project Description: 02220132.00 Flatiron Forest Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/Q35.79556255,-79.1295879470006,14z Counties: Chatham County, North Carolina Endangered Species Act Species There is a total of 4 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 Fisheries1, 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. Birds Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Fishes Cape Fear Shiner Notropis mekistocholas Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/6063 Insects Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Flowering Plants Harperella Ptilimnium nodosum Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3739 Critical habitats THFIRF ARF Nod CRITRAL HAFIVINI'S MTHIN YOUR PROJFICTARFA UNDFR THIS OFF'RFS JURISDIC]ION, IPaC User Contact Information Agency: WithersRavenel Name: Alyssa Ricci Address: 115 Mackenan Drive City: Cary State: NC Zip: 27511 Email aricci@withersravenel.com Phone: 9192158619 i I o I') (o � i I i SI-fP0 LETTIER North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Governor Roy Cooper Secretary D. Reid Wilson April 27, 2022 Alyssa Ricci WithersRavenel 115 MacKenan Drive Cary, NC 27511 Office of Archives and History Deputy Secretary, Darui J. Waters, Ph.D. ariccigwithersravenel.com Re: Construct Flatiron Forest residential subdivision, 625 Hamlets Chapel Road, Pittsboro, Chatham County, ER 22-1128 Dear Ms. Ricci: Thank you for your email of April 5, 2022, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617UA Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 CH IAINwol COUI",�,,ITY BUFFER ��D ETE ��R lNwol I ATI 0 ��L ETTER r � olfu,�y C" l [A] ' 'I [ANA COUN1.. , N0RA H a. 11 gpp I NA m �.:.',. Alyssa Ricci Withers Ravenel 115 Mackenan Drive Cary, NC 27511 WATERSHED PROTECTION DEPARTMENT P.O. Box 548 Pittsboro, NC 27312 PHONE: (919) 545-8394 Fax: (919) 542-2698 • E-mail: drew.blake@chathamcountync.gov • Website: www;c,hatha,irncountY.n .....q2y ............................ . June 8, 2022 Project Name: Flatiron Forest — Mt Gilead Parcel # 2014 & 2037 Location: Hamlets Chapel Road, Chatham County Subject Features: One (1) ephemeral stream. one (1) intermittent stream segment, one (1� perennial stream segments, and six (6� potential wetlands Date of June 2, 2022 Determination: Explanation: The site visit was completed on June 2, 2022, by Drew Blake with Chatham County Watershed Protection and staff of Withers Ravenel on Parcel # 2014 and 2037 that are located within the Jordan Lake watershed. Withers Ravenel personnel completed a previous site visit which resulted in the identification of two (2) ephemeral stream, one (1) intermittent stream segment, one (1) perennial stream segments, and six (6) potential wetlands on the property. Withers Ravenel submitted a request for Chatham County to complete a formal review to determine if the features would be subject to riparian buffers according to Section 304 of the Chatham County Watershed Protection Ordinance. All points of origin, stream type transitions, and wetland boundaries were reviewed and agreed to in the field by all parties in attendance. One ephemeral stream segment (Feature B — Stream Form 2A) was removed as the segment did not meet the required 10 points for ephemeral streams. Required Riparian Buffers: All ephemeral stream segments will require a 30-ft buffer from the top of bank landward on both sides. All intermittent stream segments will require a 50-ft buffer from the top of bank landward on both sides. The perennial stream segment will require a 100-ft buffer from the top of bank landward on both sides. A 50-ft buffer will be required on all wetlands from the flagged boundary landward. Impacts to Riparian Buffers: Impacts to the riparian buffers may require a Riparian Buffer Authorization depending on the size and scope of the impacts. Please refer to Section 304 Q) (3) of the Chatham County Watershed Protection Ordinance to determine if your impacts will require a Riparian Buffer Authorization. If you determine that a Riparian Buffer Authorization is required please contact Drew Blake to receive the required application and submittal instructions. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by Chatham County, on parcels outside of the Jordan Lake r � olfu,�y C ll [A]'I [ANA CI IIIN 1.. , N0RA H a. 11 gpp I NA m �.:.',. WATERSHED PROTECTION DEPARTMENT P.O. Box 548 Pittsboro, NC 27312 PHONE: (919) 545-8394 Fax: (919) 542-2698 • E-mail: drew.blake@chathamcountync.gov • Website: www;c,hatha,irncountY.n .....q2y ............................ . watershed, may submit a request for appeal in writing to the Watershed Re"Tiew Board. A request for a determination by the Watershed Review Board shall be made in accordance with Section 304 of the Chatham County Watershed Protection Ordinance. Landowners or affected parties that dispute a determination made by Chatham County, on parcels inside the Jordan Lake watershed, shall submit a request for appeal in writing to NC DWR, 401 & Buffer Permitting Unit, 1650 Mail SenTice Center, Raleigh, NC 27669-1650 attention of the Director of the NC Division of Water Quality. Should this project result in any direct impacts to surface water features (i.e., crossing and/or filling streams or wetlands) additional re"Tiews may be necessary. Additionally, a Section 404/401 Permit may be required. Any inquiries regarding Section 404/401 permitting should be directed to the Division of Water Resources (Central Office) at (919)-807-6364 and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. Respectfully, Drew Blake Senior Watershed Specialist, CESSWI Enclosures: Buffer Determination Exbibit with Buffers — Completed by Withers Ravenel NRCS Soil Survey — Completed by Withers Ravenel USGS Topographic Map — Completed by Withers Ravenel Withers Ravenel Stream ID Forms Withers Ravenel Wetland Data Form Major Subdivision Riparian Buffer Application Authorized Agent Form Authorization to Enter Property Form Site Photographs — pro"Tided by Withers Ravenel cc: Rachael Thorn, Director, Chatham County Watershed Protection Department Kimberly Tyson, Planner II/Subdivision Administrator, Chatham County Planning Department Hunter Glenn. Planner I, Chatham County Planning Department Angela Plummer, Planner II/Zoning Administrator, Chatham County Planning Department Jason Sullivan, Director, Chatham County Planning Department GRAPHIC o ioo 1 inch = ra �rjj/Gr" r — ro REVIEW AREA WETLAND F A v- L � _ 3: w 1,` ,, WETLAND E �- WETLAND D T CHAHAM CO. ' RIPARIAN BUFFER WETLAND C af w FEATURE C p ��'� LLL L (STREAM 3) D m l { FEATURE A o �'A Z 1 (STREAM 1) j N x W % I III WETLAND Br,ye Z O 100' CHATHAM CO. a Z j � ,. ; I RIPARIAN BUFFER / w LLJ Q Q. fir LLJ LL FEATURE B `L ..� /-'� EPHERMERAL " � r. S-1 START EPH z J o I/IU � RIPARIAN BUFFER z r , r O tF � I 1�/ �Ii ✓ / a{ U LLJ WETLAND A r -, �' af " 0 OLL z o 0 Q J LL e QP O m Ji M NOTES: f 1) DELINEATION PERFORMED BY WR ON 03/30/2022. a 2) WETLAND/STREAM/BUFFER LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION, CHATHAM COUNTY GIS DATA, AND TOPOGRAPHIC INTERPRETATION. 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