HomeMy WebLinkAbout20180511 Ver 2_00-Oak Park PCN Cover Letter_20230510
May 4, 2023
US Army Corps of Engineers NC Division of Water Resources
Raleigh Regulatory Office 401 & Buffer Permitting Unit
Attn: Ms. Jean Gibby Attn: Mr. Zachary Thomas
th
3331 Heritage Trade Dr., Ste. 105 512 N. Salisbury St., Archdale Bldg. 9 Flr
Wake Forest, NC 27587 Raleigh, NC 27604
Re: Oak Park Subdivision
SAW-2018-00897 & NCDWR #18-0511
Request for NWP 29, GC 4256, and Tar-Pamlico River Basin Riparian Buffer Authorization
Sage Project #2022.015
On behalf of 2 Gen Holdings, LLC (c/o Earl Dickinson) (owner and applicant), please find attached a complete
application and supplemental information requesting written concurrence from the US Army Corps of Engineers
(USACE) that the activities associated with the proposed development of the Oak Park Subdivision (Project) may
proceed under Nationwide Permit (NWP) 29 and General Certification 4256 (GC 4256). A Tar-Pamlico River
Riparian Buffer Authorization is also being requested. A 404 verification was issued on June 29, 2018 (SAW-
2018-00897). A 401 verification and a Tar-Pamlico River Basin Riparian Buffer Authorization were issued on May
24, 2018 (NCDWR #18-0511). The verifications expired prior to completing the proposed impacts. Please see
below for a detailed description.
Project Purpose and Location
The purpose of the Project is to construct a residential subdivision with associated roads, utilities, and other
infrastructure. The Project is located east of the intersection of Oak Park Boulevard and Hicks Road, in
Youngsville, Franklin County, NC. The coordinates of 36.0678°N, 78.44708°W generally correspond to the center
of the Site. The Site is within the southern piedmont region of North Carolina and in the Tar-Pamlico River Basin.
Project Detail
The proposed Project involves construction of a residential development with attendant infrastructure. Access to
the Site will be provided by road connections to existing Oak Park Boulevard. Currently, the northern portion of
the Project has been constructed. The attached Overall Impact Map sheet depicts the completed portion with
hatching and callouts. This includes Impact Site C Î 0.079 acre of permanent wetland fill. Impact Sites A and B
have not been completed. There are no proposed changes to these impact sites from the previous submittal.
Permanent riparian buffer impacts will result from a proposed sewerline crossing at Impact Site A. Proposed
permanent stream and riparian buffer impacts will result from a proposed culverted road crossing and a driveway
at Impact Site B.
The Project proposes to tie into existing utilities adjacent to the Site. Stormwater detention ponds are proposed
to treat stormwater on the Site. Typical equipment used in construction and utility projects (i.e., backhoes,
excavators, dump trucks) will be utilized.
The northern portion of the Site contains constructed homes and graded lots. The southern portion of the Site is
mostly vacant farmland with occasional forested areas. Land use in the vicinity includes residential, agricultural
and forested land, and undeveloped land.
According to the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC)
database, seven threatened and endangered species, one Proposed Endangered species, one Candidate
species, and the bald eagle are potentially present on the Site. Project waters do not provide suitable habitat for
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Carolina madtom, Atlantic pigtoe, dwarf wedgemussel, Tar River spinymussel, and yellow lance as they are small
first order streams with slow velocity and are dominated by silt substrates. Soils on the site range from slightly
acidic to very strongly acidic which are not preferred by MichauxÓs sumac. Potential habitat within Cedar Creek
for Neuse River waterdog is present; however, Cedar Creek experiences periods of high turbidity which may
affect this species. Per the USFWS, the nearest dwarf wedgemussel identified stream reach is +/-2.14 river miles
downstream of the Site. The nearest identified stream reach for Carolina madtom, Atlantic pigtoe, and yellow
lance is over 20 river miles from the Site. Potential habitat for tri-colored bat (Proposed Endangered) and monarch
butterfly (Candidate) is present on the Site. There are several ponds of sufficient size to support foraging habitat
nearby the Site; however, no visible signs of bald eagle habitat are present on the Site. The NC Natural Heritage
Program (NCNHP) database report indicates no known occurrences of threatened or endangered species on or
within 1.0 mile of the Site (see attached report dated April 25, 2023).
The Site is not listed as a historic property or within a historic district. No historic structures were found on the
Site. Five historic properties and one historic district were identified within one mile of the Site. Three properties
are designated as ÐSurveyed Only (SO)Ñ, and two properties are designated as ÐSO-Gone.Ñ The Raleigh &
Gaston Rail Corridor (NC0008) is designated as a ÐDetermined EligibleÑ boundary located west of the Site. Figure
4 provides a graphical representation and description of these properties.
Project History
A Site delineation was completed by Mr. Sean Clark and Mr. David Gainey of Sage Ecological Services, Inc.
(Sage) in August 2016. A PJD site meeting was held with Mr. Andy Williams of USACE on December 5, 2017. A
site meeting was held with Mr. Cheng Zhang on October 13, 2017.
A PCN application was submitted on April 9, 2018, by Mr. Sean Clark of Sage. A 404 verification was issued on
June 29, 2018 (SAW-2018-00897). A 401 verification and a Tar-Pamlico River Riparian Buffer Authorization were
issued on May 24, 2018 (NCDWR #18-0511). The northern portion of the Project has been constructed, and
Impact Area C has been completed. However, Impact Areas A and B were not completed prior to the expiration
of the 404/401 verifications. No changes to the previously permitted impacts are proposed.
Avoidance and Minimization
A wetland, stream, and riparian buffer delineation were performed to identify environmentally sensitive areas on
the Site prior to site design. The Project was designed to avoid & minimize impacts to jurisdictional features while
meeting the goals of the residential development plan. Streams are not crossed multiple times by roads. The
sewerline utility at Impact Area A will not result in impacts to the stream. The road crossing at Impact Area B was
aligned to avoid impacts to the adjacent downstream wetland.
General techniques include the use of construction fencing to define the construction corridor and prevent any
accidental additional impacts. Equipment will be parked and cleaned in uplands away from jurisdictional areas.
Work within jurisdictional areas will be conducted during periods when dry weather is predicted, and large bare
areas of soil will be reseeded and protected as soon as practicable. Silt fencing and sediment basins will also be
used to prevent sediment runoff into the stream and wetland areas.
Project Impacts
Total permanent wetland impacts due to Lot Fill are 0.079 acre - this impact has been completed. Total proposed
permanent stream impact due to fill from a culvert to construct a road crossing is 108 LF (0.007 acre).
Riparian Buffer impacts are as follows:
Impact A - the proposed aerial sewerline crossing will have a 30-ft wide construction corridor and a 20-ft wide
maintenance easement. Total proposed permanent Zone 1 impacts are 1,014 SF and proposed Zone 2 impacts
are 1,305 SF. This impact is considered "Deemed Allowable" per the Table of Uses.
Impact B - the proposed road crossing will result in 7,650 SF (0.175 ac) of permanent Zone 1 impacts and 6,696
SF (0.154 ac) of permanent Zone 2 impacts for a total of 14,346 SF (0.329 ac). Due to site constraints, this road
crossing could not be designed perpendicularly to the stream; therefore, this impact is considered "Allowable
with Mitigation."
Impact B - the proposed driveway impact will result in 403 SF (0.009 ac) or permanent Zone 2 impact. The
driveway does not cross the stream; therefore, this impact is considered "Allowable with Mitigation."
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Mitigation
Proposed permanent wetland impacts are less than 0.1 acre and proposed permanent stream impacts are less
than 150 LF and 0.02 acre. Therefore, mitigation for impacts to Waters of the U.S. are not proposed.
Compensatory buffer mitigation is proposed for unavoidable permanent impacts to riparian buffers for a non-
perpendicular road and driveway crossing at Impact Area B. A total of 33,599 riparian buffer credits will be
purchased from the NC Division of Mitigation Services (NCDMS).
If you have any questions, please call me at (919) 622-7888.
Respectfully submitted:
Kim Hamlin, PWS Sean Clark, PWS
Sage Ecological Services, Inc. Sage Ecological Services, Inc.
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorization Form
Figure 1 Î USGS Site Vicinity Map
Figure 2 Î Soil Survey Site Vicinity Map
Figure 3 Î Wetland and Stream Sketch Map
Figure 4 Î NCSHPO Map
NCNHP Database Report
IPaC Resource List
Notice of Intent to File Permit Application
Impact Maps
NCDMS Mitigation Statement of Acceptance
NCDWR Buffer Determination Letter (October 18, 2017)
SAW-2018-00897 404 Verification (June 29, 2018)
NCDWR #18-0511 401 Verification and Riparian Buffer Authorization (May 25, 2018)
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