HomeMy WebLinkAbout20221704 Ver 2_Fremont Meadows PCN Attachments 1_20230531 PCN Application Additional Information Package
Name: Fremont Meadows
County: Wayne
Date: 5/31/23
Table of Contents
1)Agent Letter
2) Maps
A)Soils
B) Quad
3) Project Drawings
a) Design and Impact Sheet
4) Endangered Species
5) SHPO Documents
6) Neuse Buffer Determination Letter
7) Stormwater Approval Letter
8) Photos
February 22, 202S
US Army Corps of Engineers
2407 West 51h Street
Washington, NC 27889
Attn: Ms. Emily Thompson
Re: Fremont Meadows Subdivision, Wayne County
I, Danny W. Creech, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S.Army Corps of Engineers(Corps)to enter upon
the property herein described 3615020389 for the purpose of conducting on-site investigations and
issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.
Also, Mr Wyatt Brown of Brown's Environmental Group, Inc has my permission to act as my agent on
this property concerning wetlands and streams.
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1. BOUNDARY AND TOPOGRAPHIC SURVEY BY WILLIE G.MILLER,JR,PL GRIDS L-3944,DATED 12-15-2021. Z
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2. ALL DISTANCES ARE HORIZONTAL MEASUREMENTS AND AREAS HAVE BEEN CALCULATED USING THE COORDINATE GEOMETRY METHOD. r N
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3. CONTOUR INTERVAL=1 FOOT. N
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4. PROPERTY PIN NUMBER 3615021453. Z W In
5. TOTAL PROPERTY AREA=44.919 ACRES. \ Z Z❑ DO'\ fL ❑ I N
6. A PORTION OF THE SITE IS LOCATED IN ZONE AE,1%ANNUAL FLOOD CHANCE FLOODPLAIN ACCORDING TO FEMA FLOOD INSURANCE LL 2 d L]
RATE MAP NO.3720361500J,DATED DECEMBER 5,2005. W d
7. STORMWATER RUNOFF FROM THE SITE WILL DRAIN INTO AYCOCK SWAMP ALONG THE NORTHERN PROPERTY LINE.AYCOCK SWAMP _ _ — — — — W on O N
HAS STREAM CLASSIFICATION C;Sw;NSW. — — — — — —
— — — — 3 Z N 00 ❑
_8. SUBJECT PARCEL IS LOCATED WITHIN THE NEUSE RIVER WATERSHED. r N ❑
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9. PRIOR TO ANY EXCAVATION,CONTRACTOR SHALL LOCATE ALL UNDERGROUND UTILITIES.CALL 1-800-632-4949. U Z
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10. ALL UTILITIES SHALL BE UNDERGROUND. L
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11. CONTACT TOWN OF FREMONT PUBLIC WORKS DEPARTMENT(919-738-6885)TO COORDINATE WATER AND SEWER CONNECTIONS. 3 I z O] Z
12. TYPICAL RADII ARE TO EDGE OF PAVEMENT,TYP. J ED Q N
13. THE CONTRACTOR/PROPERTY OWNER IS RESPONSIBLE FOR ANY DAMAGE TO THE WATER&SEWER MAINS IN THE CONSTRUCTION _ L — — — ` / Q W E ti
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SP-1 1 OF 1
Roy Cooper,Governor
n^■ NC DEPARTMENT OF D.Reid Wilson,Secretary
■■ ■� NATURAL AND CULTURAL RESOURCES
■ ■■■ Misty Buchanan
Deputy Director,Natural Heritage Program
NCNHDE-22134
May 30, 2023
wyatt brown
Brown's Environmental Group, inc
242 Batten Farm Road
Selma, NC 27576
RE: Fremont Meadows
Dear wyatt brown:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database, based on the project area mapped with your request, indicates
that there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary, or within a one-mile radius of
the project boundary.
Please note that although there may be no documentation of natural heritage elements within or
near the project boundary, it does not imply or confirm their absence; the area may not have been
surveyed. The results of this query should not be substituted for field surveys where suitable habitat
exists. In the event that rare species are found within the project area, please contact the NCNHP so
that we may update our records.
Please also note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may also not be redistributed without
permission.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod nev.butler(a)ncdcr.aov or 919.707.8603.
Sincerely,
NC Natural Heritage Program
i)c_OAi<1MEN i QF NAi URAL ANU LULTURAL kLSiQokLES
Q 121 W JONES STREET,RALEIGH.NC 27603 • 1651 MAIL SERVICE CENTER.RALEIGH.NC 27699
® OFC 919 707.9120 • FAX 919.707.9121
NCNHDE-22134: Fremont Meadows
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Buffered Project Boundary
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Sources.Esn.Airbus DS.USGS.NGA NASA,CGIAR,N Robinson,NCEAS.
NLS, OS, NMA Geodataslyrelsen. Rykswaterstaat GSA Geoland FEA1A.
Intermap and the GIS user communny
Sources. Esn, HERE. Garmin. FAO. NOAA, USGS. 2� OpenStreethiap
contributors and the GIS User Community
Page 2 of 2
5/30/23,9:01 PM IPaC:Explore Location resources
IPaC U.S. Fish &Wildlife Service
WaC resource list
This report is an automatically generated list of species and other resources such as critical
habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's
(USFWS)jurisdiction that are known or expected to be on or near the project area referenced
below. The list may also include trust resources that occur outside of the project area, but
that could potentially be directly or indirectly affected by activities in the project area.
However, determining the likelihood and extent of effects a project may have on trust
resources typically requires gathering additional site-specific (e.g., vegetation/species
surveys) and project-specific (e.g., magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact information for the
USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to
each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI
Wetlands) for additional information applicable to the trust resources addressed in that
section.
Location
Wayne County, North Carolina 0
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Local office
Raleigh Ecological Services Field Office
k. (919) 856-4520
Ja (919) 856-4556
MAILING ADDRESS
Dnct nffiro Rnv QQ77F
https://ipac.ecosphere.fws.gov/location/EQQVT5X7JRC7ZISPV30DULVE6U/resources 1/11
5/30/23,9:01 PM IPaC:Explore Location resources
I VJL VI I Il..l.. VV/\ -j LNJ
Raleigh, INC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, INC 27606-1487
https://ipac.ecosphere.fws.gov/location/EQQVT5X7JRC7ZISPV30DULVE6U/resources 2/11
5/30/23,9:01 PM IPaC:Explore Location resources
Endangered species
This resource list is for informational purposes only and does not constitute an analysis
of project level impacts.
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI includes
areas outside of the species range if the species could be indirectly affected by activities in
that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at
the dam site, may indirectly impact the species by reducing or eliminating water flow
downstream). Because species can move, and site conditions can change, the species on this
list are not guaranteed to be found on or near the project area. To fully determine any
potential effects to species, additional site-specific and project-specific information is often
required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may be
present in the area of such proposed action" for any project that is conducted, permitted,
funded, or licensed by any Federal agency. A letter from the local office and a species list
which fulfills this requirement can only be obtained by requesting an official species list from
either the Regulatory Review section in IPaC (see directions below) or from the local field
office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC
website and request an official species list by doing the following:
1 . Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed speciesi and their critical habitats are managed by the Ecological Services Program of
the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic
and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under their jurisdiction.
1 . Species listed under the Endangered Species Act are threatened or endangered; IPaC also
shows species that are candidates, or proposed, for listing. See the listing status page for
more information. IPaC only shows species that are regulated by USFWS (see FAQ).
https://ipac.ecosphere.fws.gov/location/EQQVT5X7JRC7ZISPV30DULVE6U/resources 3/11
5/30/23,9:01 PM IPaC:Explore Location resources
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office
of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
The following species are potentially affected by activities in this location:
Mammals
NAME STATUS
Tricolored Bat Perimyotis subflavus Proposed Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/10515
Birds
NAME STATUS
Red-cockaded Woodpecker Picoides borealis Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Amphibians
NAME STATUS
Neuse River Waterdog Necturus lewisi Threatened
Wherever found
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/6772
Fishes
NAME STATUS
Carolina Madtom Noturus furiosus Endangered
Wherever found
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/528
Insects
NAME STATUS
https://ipac.ecosphere.fws.gov/location/EQQVT5X7JRC7ZISPV30DULVE6U/resources 4/11
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Monarch Butterfly Danaus plexippus Candidate
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
There are no critical habitats at this location.
You are still required to determine if your project(s) may have effects on
all above listed species.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden
Eagle Protection Acts.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and
consider implementing appropriate conservation measures, as described below.
1 . The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gQv//program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-
migratory-birds
• Nationwide conservation measures for birds
https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-
measures.pdf
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how
https://ipac.ecosphere.fws.gov/location/EQQVT5X7JRC7ZISPV30DULVE6U/resources 5/11
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this list is generated, see the FAQ below. This is not a list of every bird you may find in this
location, nor a guarantee that every bird on this list will be found in your project area. To see
exact locations of where birders and the general public have sighted birds in and around
your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date
range and a species on your list). For projects that occur off the Atlantic Coast, additional
maps and models detailing the relative occurrence and abundance of bird species on your
list are available. Links to additional information about Atlantic Coast birds, and other
important information about your migratory bird list, including how to properly interpret and
use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization
measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF
PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be
present and breeding in your project area.
NAME BREEDING SEASON
ProthonotaryWarbler Protonotaria citrea Breeds Apr 1 to ul 31
p J
This is a Bird of Conservation Concern (BCC)throughout its
range in the continental USA and Alaska.
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely
to be present in your project area. This information can be used to tailor and schedule your
project activities to avoid or minimize impacts to birds. Please make sure you read and
understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before
using or attempting to interpret this report.
Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s)
your project overlaps during a particular week of the year. (A year is represented as 12 4-
week months.) A taller bar indicates a higher probability of species presence. The survey
effort (see below) can be used to establish a level of confidence in the presence score. One
can have higher confidence in the presence score if the corresponding survey effort is also
high.
How is the probability of presence score calculated? The calculation is done in three steps:
1 . The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events
for that week. For example, if in week 12 there were 20 survey events and the Spotted
Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in
week 12 is 0.25.
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2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of
presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence
at week 12 (0.25) is the maximum of any week of the year. The relative probability of
presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season ( )
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds
across its entire range. If there are no yellow bars shown for a bird, it does not breed in your
project area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are
based on all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Prothonotary ____ ____
Warbler
BCC Rangewide
(CON)
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory
birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all
birds at any location year round. Implementation of these measures is particularly important when birds
are most likely to occur in the project area. When birds may be breeding in the area, identifying the
locations of any active nests and avoiding their destruction is a very helpful impact minimization measure.
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To see when birds are most likely to occur and be breeding in your project area, view the Probability of
Presence Summary. Additional measures or permits may be advisable depending on the type of activity
you are conducting and the type of infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC)and other
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network(AKN).The AKN data is based on a growing collection of survey., banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s)which your project intersects, and that have been identified as warranting special attention because
they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a
particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.
It is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator(RAIL)Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially
occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by
the Avian Knowledge Network(AKN).This data is derived from a growing collection of survey., banding, and
citizen science datasets.
Probability of presence data is continuously being updated as new and better information becomes
available. To learn more about how the probability of presence graphs are produced and how to interpret
them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering,
migrating or year-round), you may query your location using the RAIL Tool and look at the range maps
provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird
on your migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If"Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC)that are of concern throughout their
range anywhere within the USA(including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin
Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in
the continental USA; and
3. "Non-BCC-Vulnerable" birds are not BCC species in your project area, but appear on your list either
because of the Eagle Act requirements (for eagles) or(for non-eagles) potential susceptibilities in
https://ipac.ecosphere.fws.gov/location/EQQVT5X7JRC7ZISPV3ODULVE6U/resources 8/11
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offshore areas from certain types of development or activities (e.g. offshore energy development or
longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in
particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of
rangewide concern. For more information on conservation measures you can implement to help avoid and
minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and
groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data
Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to
you in your project review. Alternately, you may download the bird model results files underlying the portal
maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird
Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the
year, including migration. Models relying on survey data may not include this information. For additional
information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact
Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles,you may need to obtain a permit to avoid violating
the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of
priority concern. To learn more about how your list is generated, and see options for identifying what
other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory
birds potentially occurring in my specified location". Please be aware this report provides the "probability
of presence" of birds within the 10 km grid cell(s)that overlap your project; not your exact project
footprint. On the graphs provided, please also look carefully at the survey effort(indicated by the black
vertical bar) and for the existence of the "no data" indicator(a red horizontal bar). A high survey effort is
the key component. If the survey effort is high, then the probability of presence score can be viewed as
more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a
lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might be there,
and if they might be breeding(which means nests might be present).The list helps you know what to look
for to confirm presence, and helps guide you in knowing when to implement conservation measures to
avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn
more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement
to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources
page.
https://ipac.ecosphere.fws.gov/location/EQQVT5X7JRC7ZISPV30DULVE6U/resources 9/11
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Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must
undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the
individual Refuges to discuss any questions or concerns.
There are no refuge lands at this location.
Fish hatcheries 00\\0
oo
There are no fish hatcheries at this location.
Wetlands in the National Wetlands Inventory
( NWI)
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under
Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to
determine the actual extent of wetlands on site.
This location overlaps the following wetlands:
FRESHWATER FORESTED/SHRUB WETLAND
PF01 C
A full description for each wetland code can be found at the National Wetlands Inventory_
website
https://ipac.ecosphere.fws.gov/location/EQQVT5X7JRC7ZISPV30DULVE6U/resources 10/11
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NOTE: This initial screening does not replace an on-site delineation to determine whether
wetlands occur. Additional information on the NWI data is provided below.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of
high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A
margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular
site may result in revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image
analysts, the amount and quality of the collateral data and the amount of ground truth verification work
conducted. Metadata should be consulted to determine the date of the source imagery used and any
mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There
may be occasional differences in polygon boundaries or classifications between the information depicted
on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also
been excluded from the inventory. These habitats, because of their depth, go undetected by aerial
imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or
products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local
government or to establish the geographical scope of the regulatory programs of government agencies.
Persons intending to engage in activities involving modifications within or adjacent to wetland areas should
seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory
programs and proprietary jurisdictions that may affect such activities.
https://ipac.ecosphere.fws.gov/location/EQQVT5X7JRC7ZISPV30DULVE6U/resources 11/11
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ROY COOPER
Governer
ELIZABETH S.BISER ••
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
February 171h, 2023
Project#20221704 v1
Wayne County
Little River JoCo Properties
402—C Bluegrass Road
Selma, NC 27576
Subject: On-Site Determination for Applicability Neuse Riparian Buffer Rules(15A NCAC 0213.0714)
Subject Property/Project Name: Fremont Meadows Subdivision
!;
Address/Location: 35.538052•-77.956933°
Responsible Party: Danny Creech
Feature(s) Evaluated (3): Feature A, B and C
Determination Date:02/15/2023 Staff: Paul Nyarko
Determination Type: Applicability to Neuse Riparian Buffer Rules(15A NCAC 026.0714)
Buffer: Feature:
X- Neuse(15A NCAC 02B .0714) X—Ephemeral/ Intermittent/Perennial/Ditch/
-Tar-Pamlico(15A NCAC 02B .0734) Not Present- Determination
-Catawba (15A NCAC 02B.0614)
-Jordan(15A NCAC 02B.0267)(governmental
and/or interjurisdictional projects)
-Randleman (15A NCAC 026 .0724)
-Goose Creek(15A NCAC 02B.0605-.0608)
D North Carolina Department of Environmental Quality � Division of Water Resources
E Q-51
512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611
����� 919.707.9000
Feature E/l/P/D Not Subject Start@ Stop@ Soil USGS
/NP/U* Subject Survey Topo
Feature A P X 35.538650° Aycock Swamp X
-77.9592980
Feature B P X 35.538520° Aycock swamp X
-77.955673°
Feature C P X Aycock Aycock Swamp X X
Swamp
*Ephemeral/Intermittent/Perennial/Ditch/Not Present/Unmapped
Dear Mr. Creech,
The Division of Water Resources has determined that the streams listed as "subject" above and
included on the attached map have been located on the most recent published (1974) NRCS Soil Survey
of Wayne County, North Carolina and/or the web based Digital USGS National Topographic Map
https://apr)s.nationalmap.eov/viewer/and evaluated for applicability to the Neuse River Basin Riparian
Buffer Rules(15A NCAC 02B.0714). For each stream that is checked"Not Subject" it has been
determined to not be at least intermittent, not present on the property, a wetland area,ditch or not
represented on the most recent published (1974) NRCS Soil Survey of Wayne County, North Carolina
and/or the Digital USGS National Topographic Map at a scale of 1:24,000 or less.There may be other
streams or features located on the property that were not assessed and/or that do not appear on the
maps referenced above but may be considered jurisdictional according to the US Army Corps of
Engineers and subject to the Clean Water Act.
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 the DWR may request a determination by the
Director. An appeal request must be made within sixty(60)calendar days of date of this letter to the
Director in writing.
If sending via US Postal Service: if sending via delivery service(UPS, FedEx, etc.):
c/o Acting Supervisor %Acting Supervisor
DWR—401 & Buffer Permitting Unit DWR—401 & Suffer Permitting Unit
1617 Mail Service Center 512 N.Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
This determination is final and binding as detailed above unless an appeal is requested within sixty(60)
days.
This determination only addresses the applicability to the buffer rules and does not approve any
activity within the buffers or waters. The project may require a Section 404/401 Permit for the
proposed activity. Any inquiries regarding applicability to the Clean Water Act should be
directed to the US Army Corps of Engineers Washington Regulatory Field Office at 2407 W 5th
St,Washington, NC 27889,(910)251-4558.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
919.707.9000
If you have questions regarding this determination, please feel free to contact Paul Nyarko at(252)
948-3845.
Sincerely,
Rix T""
Robert Tankard,Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WaRO DWR File Copy/LASERFICHE
Emily Thompson, USACE Washington Regulatory Field Office
-.nily.b.thompson@usa,- ,ly.mil
Randall Jones, Land resources, Randall.Jones@ncdenr.gov
Michael McAllister, mmcallisterO-)mesco.com
North Carolina Department of Environmental Quality I Division of Water Resources
9 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
bw.s.w"�rm a.w owNy�
919.707.9000
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wr,�.Ncaaa.rtt �'
919.707.4000
MGma i I Clifton Holloman <cholloman@nationallandrealty.com>
Wayne 2023-011 Disapproval and Stream Classification.
<mmcallister@mesco.com> Tue, Feb 21 at 4:19 AM
To: Jones, Jerry R <Randall.Jones@ncdenr.gov>
Cc: Pullinger, Robert C <chris.pullinger@ncdenr.gov>, Dumpor, Samir<samir.dumpor@ncdenr.gov>, Nyarko, Paul
<paul.nyarko@ncdenr.gov>, Stewart, Glenn A <Glenn.Stewart@ncdenr.gov>, Tankard, Robert <robe rt.ta n kard @ncdenr.g ov>,
Eric Thomley<ethomley@mesco.com>, Clifton Holloman <cholloman@nationallandrealty.com>
Good morning Randall,
Thank you for the clarification, as I wasn't looking at that cross-ditch when we spoke earlier. I will contact the client and
see if they wish to stop the lots and roadway on the other side of the ditch.
Thanks for your help!
Michael L. McAllister, M-ASCE
Principal Project Manager
Municipal Engineering, Inc.
68 Shipwash Drive
Garner, NC 27529
Office: 919-772-5393
Cell: 252-289-0781
www.mesco.com
From: Jones, Jerry R <Randall.Jones@ncdenr.gov>
Sent: Monday, February 20, 2023 4:01 PM
To: McAllister, Michael <mmcallister@mesco.com>
Cc: Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov>; Nyarko, Paul
<paul.nyarko@ncdenr.gov>; Stewart, Glenn A<Glenn.Stewart@ncdenr.gov>; Tankard, Robert
<robert.tankard@ncdenr.gov>
Subject: RE: [External] Wayne 2023-011 Disapproval and Stream Classification.
Mr. McAllister,
After careful review of the plan set stamped by Mr. Thomley on 7/8/22 we see clearly that Deer Run Drive and the end of
the cul-de-sac runs straight through what the DWR letter refers to as Feature A.
Feature A is subject to the NC Neuse Riparian Buffer Rules according to the DWR Determination letter (dated
02/17/2023).
Unless there's a change in the limits of disturbance to omit this area, or unless you receive a DWR "Authorization" letter
for this activity, we in Land Resources by statute cannot issue a sediment permit for you to commence work in that area.
The ditch that runs south of Feature A, that runs parallel with the adjacent wood line was determined to be a farm ditch
was not subject. But that aside, Feature A is being encroached upon with the current set of plans we have on file.
Please coordinate with DWR for buffer authorization options.
Regards,
J. Randall Jones,Jr., PE
Environmental Engineer
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
252-948-3900 office (primary)
919-280-0148 work cell
randall.jones@ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
JR;
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: mmcallister@mesco.com <mmcallister@mesco.com>
Sent: Monday, February 20, 2023 9:06 AM
To: Dumpor, Samir<samir.dumpor@ncdenr.gov>
Cc: 'Clifton HoIloman' <cholloman@national land realty.com>; 'Eric Thom ley' <ethomley@mesco.com>; Howell, David A
<dahowell@fremontnc.gov>
Subject: [External] Wayne 2023-011 Disapproval and Stream Classification.
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email
as an attachment to Report Spam.
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ROY COOPER
Governor
ELIZABETH S.BISER
Secretary Q(.M���
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality November 18, 2022
Little River JoCo Properties, LLC
Attn: Danny Creech - Member
402 Bluegrass Rd
Selma,NC 27576
Subject: State Stormwater Management Permit No. SW7221002
Fremont Meadows Subdivision
High Density Subdivision Project
Wayne County
Dear Danny Creech:
The Washington Regional Office received a complete, State Stormwater Management Permit
Application for the subject project on October 6, 2022. Staff review of the plans and
specifications has determined that the pproject,as proposed, complies with the Stormwater
Re ulations set forth in 15A NCAC 2H.1000 amended on January 1, 2017 (2017 Rules . We are
hereby forwardin Permit No. S W7221002 dated November 18, 2022, for the construction of the
built-upon areas(�UA)and vegetated conveyances associated with the subject project.
This permit shall be effective from the date of issuance until November 17,2030 and the project
shall be subject to the conditions and limitations as specified therein and does not supersede any
other agency permit that may be required. Failure to comply with these requirements will result
in future compliance problems. Please note that this permit is not transferable except after notice
to and approval by the Division.
This cover letter, attachments, and all documents on file with DEMLR shall be considered part
of this permit and is herein incorporated by reference.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing by filing a written petition with the Office of
Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the
North Carolina General Statutes and must be filed with the OAH within thirty (30) days of
receipt of this permit. You should contact the OAH with all questions regarding the Bing fee(if
a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleiggh,NC 27699-6714, or via telephone at 919-431-3000, or visit their website at
www.NCOAH.com. Unless such demands are made this permit shall be final and binding.
If you have any questions concerning this permit, please contact Carl Dunn in the Washington
Regional Office, at(252) 948-3959 or carl.dunn@ncdenr.gov.
Sincerely,
X &-rt, �
William Carl Dunn, PE
Division of Energy, Mineral and Land Resources
Enclosures: Attachment A—Designer's Certification Form
Application Documents
Cc: Eric Tomley,PE—Municipal Engineering(ethomley@mesco.com)
Fremont Administration—Anthony Howell(townhall@fremontne.gov)
Washington Regional Office Stormwater File
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Washington Regional Office 1 943 Washington Square Mall I Washington,North Carolina 27889
ncF?H wga.;w,
252.946.6481
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations promulgated and
adopted by the North Carolina Environmental Management Commission, including 15A
NCAC 02H.1000 amended on January 1, 2017 (2017 Rules) (the"stormwater rules"),
PERMISSION IS HEREBY GRANTED TO
Little River Jo Co Properties, L L C
Fremont Meadows Subdivision
862 E NC HWY22Z Fremont, Wayne County
FOR THE
construction, management, operation and maintenance of built-upon area draining to two
wet ponds ("stormwater control measures" or"SCMs") discharging to Class C;SW;NSW
waters as outlined in the application, approved stormwater management, supplement,
calculations, operation and maintenance agreement, recorded documents,specifications,
and other supporting data (the "approved plans and specifications") as attached and/or on
file with and approved by the Division of Energy, Mineral and Land Resources (the
"Division" or"DEMLR"). The project shall be constructed, operated and maintained in
accordance with these approved plans and specifications. The approved plans and
specifications are incorporated by reference and are enforceable part of this permit.
This permit shall be effective from the date of issuance until November 17, 2030 and shall
be subject to the following specified conditions and limitations. The permit issued shall
continue in force and effect until the permittee files a request with the Division for a permit
modification,transfer, renewal, or rescission; however, these actions do not stay any
condition. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit for
cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000
and NCGS 143-215.1 et.al.
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1. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is
309,249 square feet. The runoff from all BUA within the permitted drainage areas of this
project must be directed into the permitted SCM. The BUA requirements and allocations
for this project are as follows:
a. SCM BUA LIMITS. The SCM labeled DA1 has been designed using the runoff
treatment method to handle the runoff from 208,713 square feet of BUA within
the delineated drainage area. The SCM labeled DA2 has been designed using the
runoff treatment method to handle the runoff from 100,536 square feet of BUA
within the delineated drainage. The SCM's are not designed to handle any future
development from the two delineated drainage areas.
b. BUA FOR INDIVIDUAL LOTS. Each of the eithty (80) single family lots are limited
to a maximum amount of 2,500 square feet of BUA as indicated in the approved plans
and specifications. The maximum BUA assigned to each lot via this permit and the
recorded deed restrictions and protective covenants may not be increased or
decreased by either the individual lot owner or the permittee unless and until the
permittee notifies the Division and obtains written approval from the Division.
2. PERVIOUS AREA IMPROVEMENTS. At this time, none of the pervious area
improvements listed in G.S. 143-214.7(b2) or the Stormwater Design Manual have been
proposed for this project. Pervious area improvements will be allowed in this project if
documentation is provided demonstrating those improvements meet the requirements of the
stormwater rule.
3. SCM REQUIREMENTS. The SCM requirements for this project are as follows:
a. SCM DESIGN. The SCM is permitted based on the design criteria presented in the
sealed, signed and dated supplement and as shown in the approved plans and
specifications. The SCM must be provided and maintained at the design condition.
b. FOUNTAINS. At this time, a decorative spray fountain has not been proposed
within the wet pond. Decorative spray fountains will be allowed in the wet pond if
documentation is provided demonstrating that the proposed fountain will not
cause resuspension of sediment within the pond or cause erosion of the pond side
slopes.
c. IRRIGATION. If the wet pond is to be used for irrigation, it is recommended that
some water be maintained in the permanent pool, the vegetated shelf is planted
with appropriate species that can handle fluctuating conditions, and human health
issues are addressed.
4. STORMWATER OUTLETS. The peak flow from the 10-year storm event shall not
cause erosion downslope of the discharge point.
5. VEGETATED SETBACKS. A 30-foot wide vegetative setback must be provided and
maintained in grass or other vegetation adjacent to all surface waters as shown on the
approved plans. The setback is measured horizontally from the normal pool elevation of
impounded structures, from the top of bank of each side of streams or rivers, and from the
mean high waterline of tidal waters, perpendicular to the shoreline.
6. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the
following documents to be recorded with the Office of the Register of Deeds prior to the
sale of individual lots or rou s of lots:
a. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system,
including any SCMs, and maintenance accesses must be located in public rights-of-
way, dedicated common areas that extend to the nearest public right-of-way,and/or
permanent recorded easements that extend to the nearest public right-of-way for the
purpose of inspection, operation,maintenance, and repair.
b. OPERATION AND MAINTENANCE AGREEMENT. The operation and
maintenance agreement must be recorded with the Office of the Register of Deeds.
c. FINAL PLATS. The final recorded plats-must reference the operation and maintenance
agreement and must also show all public rights-of-way, dedicated common areas,
and/or permanent drainage easements, in accordance with the approved plans.
d. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. Recorded deed
restrictions and protective covenants must include, at a minimum,the following
statements related to stormwater management:
i. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7221002, as issued by the
Division of Energy, Mineral and Land Resources(the"Division") under 15A
NCAC 02H.1000, effective January 1,2017.
ii. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management
Permit.
iii. These covenants are to run with the land and be binding on all persons and
The
claiming under them.
iv. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the Division.
V. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division.
vi. The maximum built-upon area(BUA)per lot 2,500 square feet. This allotted
amount includes any BUA constructed within the lot rope boundaries, and
that portion of the right-of-way between the front lot line and the edge of the
pavement not shown on the approved plans. BUA has the same meaning as
G.S. 143-214.7, as amended.
vii. The maximum allowable BUA shall not be exceeded on any lot until the
permit is modified to ensure compliance with the stormwater rules,permit,
and the approved plans and specifications.
viii. All runoff from the BUA on the lot must drain into the permitted system. This
may be accomplished via grading, a stormwater collection system and/or a
vegetated conveyance.
ix. A 30-foot wide vegetative setback must be provided and maintained adjacent
to all surface waters in accordance with 15A NCAC 02H.1003(4) and the
approved plans.
X. Any individual or entity found to be in noncompliance with the provisions of
a stormwater management permit or the requirements of the stormwater rules
is subject to enforcement procedures as set forth in NCGS 143, Article 21.
e. DEEDS FOR INDIVIDUAL LOTS. The permittee shall record deed restrictions and
protective covenants prior to the issuance of a certificate of occupancy to ensure the
permit conditions and the approved plans and specifications are maintained in
perpetuity.
7. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any
eroded areas of the on-site stormwater system will be repaired immediately.
a. PROJECT CONSTRUCTION, OPERATION AND MAINTENANCE. During
construction, all operation and maintenance for the project shall follow the Erosion
Control Plan requirements until the Sediment-Erosion Control devices are converted to
SCMs or no longer needed. Once the device is converted to a SCM, the permittee shall
provide and perform the operation and maintenance as outlined in the applicable
section below.
b. SCM RESTORATION. If one or more of the SCMs are used as an Erosion Control
device and/or removed or destroyed during construction, it must be restored to the
approved state stormwater design condition prior to close-out of the erosion control
plan and/or project completion and/or transfer of the state stormwater permit. Upon
restoration, a new or updated certification will be required for the SCM(s) and a copy
must be submitted to the appropriate DEQ regional office.
8. MODIFICATIONS. No person or entity, including the permittee, shall alter any
component shown in the approved plans and specifications. Prior to the construction of
any modification to the approved Ians, the permittee shall submit to the Director, and shall
have received approval for modified plans, specifications, and calculations including, but
not limited to, those listed below. For changes to the project or SCM that impact the
certifications, a new or updated certification(s), as applicable, will be required and a copy
must be submitted to the appropriate DEQ regional office upon completion of the
modification.
a. Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), stormwater collection system and/or vegetative
conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or#57 stone within the lots as a
permeable surface. The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails,or
landscaping material within the common areas to be considered a permeable surface
that were not included in the approved plans and specifications.
h. Other modifications as determined by the Director.
9. DESIGNER'S CERTIFICATION. Upon completion of the project,the permittee shall
determine if the project is in compliance with the approved plans and take the necessary
following actions:
a. If the permittee determines that the project is in compliance with the approved plans,
then within 45 days of completion,the permittee shall submit to the Division one hard
copy and one electronic copy of the following:
i. The completed and signed Designer's Certification provided in
Attachment B noting any deviations from the approved plans and
specifications. Deviations may require approval from the Division;
ii. A copy of the recorded operation and maintenance agreement;
iii. Unless already provided, a copy of the recorded deed restrictions and
protective covenants; and
iv. A copy of the recorded plat delineating the public rights-of-way, dedicated
common areas and/or permanent recorded easements, when applicable. j
b. If the permittee determines that the project is not in compliance with the approved
plans,the permittee shall submit an application to modify the permit within 30 days of
completion of the project or provide a plan of action,with a timeline,to bring the site
into compliance.
10. OPERATION AND MAINTENANCE. The permittee shall provide and perform the
operation and maintenance necessary,as listed in the signed operation and maintenance
agreement,to assure that all components of the permitted on-site stormwater system are
maintained at the approved design condition. The approved operation and maintenance
agreement must be followed in its entirety and maintenance must occur at the scheduled
intervals.
a. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily,
the permittee shall take immediate corrective actions. This includes actions required by
the Division and the stormwater rules such as the construction of additional or J
replacement on-site stormwater systems. These additional or replacement measures
shall receive a permit from the Division prior to construction.
b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and
made available upon request to authorized personnel of the Division. The records will
indicate the date, activity, name of person performing the work and what actions were
taken.
11. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior
to the expiration date of this permit. The renewal request must include the appropriate
application,documentation and the processing fee as outlined in 15A NCAC 02H.1045(3).
12. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit j
a completed Permit Information U12date Application Form to the Division within 30 days to I
making any one or more of the following changes: I
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee.
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13. TRANSFER. This permit is not transferable to any person or entity except after notice to
and approval by the Director.Neither the sale of the project and/or property, in whole or in
part, nor the conveyance of common area to a third parry constitutes an approved transfer
of the permit.
a. TRANSFER REQUEST. The transfer request must include the apppproppriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2) and must
be submitted upon occurrence of any one or more of the following events:
i. The sale or conveyance of the project and/or property area in whole or in part,
except in the case of an individual residential lot sale that is made subject to
the recorded deed restrictions and protective covenants;
ii. The assignment of declarant rights to another individual or entity;
iii. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2);
iv. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-
14-05 or NCGS 57D-6-07 and 08;
V. Bankruptcy;
vi. Foreclosure, subject to the requirements of Session Law 2013-121;
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit conditions
ve ha been met and that the project and the on-site stormwater system complies with the
permit conditions. Records of maintenance activities performed to date may be
requested. Projects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
14. COMPLIANCE. The permittee is responsible for complying with the terms and conditions
of this permit and the approved plans and specifications until the Division approves the
transfer request.
a. REVIEWING AND MONITORING EACH LOT FOR COMPLIANCE. The permittee is
responsible for verifying that the proposed BUA on each individual lot,within each
drainage area and for the entire project does not exceed the maximum amount
allowed by this permit. The permittee shall review all individual lot plans for new
construction and all subsequent modifications and additions for compliance. The
plans reviewed must include all proposed BUA, grading, and driveway pipe
placement. The permittee shall not approve any lot plans where the maximum
allowed BUA limit has been exceeded or where modifications are proposed to the
grading and/or to the stormwater collection system and/or to the vegetated
conveyance unless and until a permit modification has been approved by the
Division. The permittee shall review and routinely monitor the project and each
lot to ensure continued compliance with the conditions of the permit,the
approved plans and specifications, and the recorded deed restrictions and
protective covenants. The permittee shall notify any lot owner that is found to be
in noncompliance with the conditions of this permit in writing and shall require
timely resolution.
b. ARCHITECTURAL REVIEW BOARD (ARB) OR COMMITTEE (ARC). The permittee
may establish an ARB or ARC to conduct individual lot reviews. However, any
approval given by the ARB or ARC on behalf of the permittee does not relieve the
permittee of the responsibility to maintain compliance with the conditions of the
permit and the approved plans and specifications.
c. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the
permittee at all times.
d. MAINTENANCE ACCESS. SCMs, stormwater collection systems, and vegetated
conveyances must be accessible for inspection, operation, maintenance and repair
as shown on the approved plans.
e. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
f. ENFORCEMENT. Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the
stormwater rules is subject to enforcement procedures as set forth in NCGS 143
Article 21.
g. ANNUAL CERTIFICATION. The permittee shall electronically submit to the
Division an annual certification completed by either the permittee or their
designee confirming the projects conformance with permit conditions.
h. OBTAINING COMPLIANCE. The Director may notify the permittee when the
permitted site does not meet one or more of the minimum requirements of the
permit. Within the time frame specified in the notice, the permittee shall submit a
written time schedule to the Director for modifying the site to meet minimum
requirements. The permittee shall provide copies of modified plans and
certification in writing to the Director that the changes have been made.
i. OTHER PERMITS. The issuance of this permit does not preclude the permittee
from obtaining and complying with any and all other permits or approvals that are
required for this development to take place, as required by any statutes, rules,
regulations, or ordinances,which are imposed by any other Local, State or Federal
government agency having jurisdiction.Any activities undertaken at this site that
cause a water quality violation or undertaken prior to receipt of the necessary
permits or approvals to do so are considered violations of NCGS 143-215.1, and
subject to enforcement procedures pursuant to NCGS 143-215.6.
Permit issued this the 18th day of November 2022.
NORTH /C�AROLINA/QEQNV`IIyJROONMENTAL MANAGEMENT COMMISSION
-X,Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW7221002
Attachment A
Certification Forms
The following blank Designer Certification forms are included and specific for this project:
• As-Built Permittee Certification
• As-Built Designer's Certification General MDC
• As-Built Designer's Certification for Wet Detention Pond Project
A separate certification is required for each SCM. These blank certification forms maybe
copied and used, as needed,for each SCM and/or as a partial certification to address a section
or phase of the project.
AS-BUILT PERMITTEE CERTIFICATION
I hereby state that I am the current permittee for the project named above, and I certify by
my signature below, that the project meets the below listed Final Submittal Requirements
found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in t1►e permit
documents, plans and specifications on file with or provided to the Division.
❑ Check here if this is a partial certification. Section/phase/SCM
Check here if this is part of a Fast Track As-built Package Submittal.
Printed Name Signature
1, .a Notary Public in the State of
County of ,do hereby certify that
personally appeared before me this day of 20
and acknowledge the due execution of this as-built certification. (SEAL)
Witness my hand and official seal
My commission expires
Permittee's Certification NCAC .1042(4) Completed/ N/A
Provided /
A. DEED RESTRICTIONS BUA RECORDS
1. The deed restrictions an protective covenants have been Y or N
recorded and contain the necessary language to ensure that the
project is maintained consistent with the stormwater regulations
and with the permit conditions.
2. A copy of the recorded ee restrictions and protective Y or N
covenants has been provided to the Division.
3. Records which track the BUA on each of are being kept. See Y or N
Note 1
B. MAINTENANCE ACCESS
1. The SCMs are accessible for inspection, maintenance and repair. Y or N
2. The access is a minimum of 10 feet wide. Y or N
3. The access extends to the nearest public right-of-way. Y or N
C. EASEMENTS
1. The SCMs and the components of t e runoff collect-ion / Y or N
conveyance system are located in recorded drainage easements.
2. A copy of the recorded plat(s) is provided. Y or N
D. SINGLE FAMILY RESIDENTIAL LOTS- Plats for residential lots that Y or N
have an SCM include the following:
1. The specific location of the SCM on the lot. Y or N
2. A typical detail for the SCM. Y or N
3. A note that the SCM is required to meet stormwater regulations
and that the lot owner is subject to enforcement action as set Y or N
forth in NCGS 143 Article 21 if the SCM is removed, relocated or
altered without prior approval.
E. OPERATION AND MAINTENANCE AGREEMENT Y or N
1. The 0&M Agreement is referenced on the final recorded plat. Y or N
2. The 0&M greement is recorded with the Register o Deeds and Y or N
appears in the chain of title.
F. OPERATION AND WMNTENANCE PLAN-maintenance records are
being kept in a known set location for each SCM and are available for Y or N
review.
G. DESIGNER'S CERTIFICATION F -Has been provided tote Y or N
Division.
Note 1-Acceptable records include ARC approvals,as-built surveys,and county tax records.
Provide an explanation for every requirement that was not met, and for every"N/A" below.
Attach additional sheets as needed.
AS-BUILT DESIGNER'S CERTIFICATION GENERAL MDC
I hereby state that I am a licensed professional and I certify by my signature and seal below,
that I have observed the construction of the project named above to the best of my abilities
with all due care and diligence, and that the project meets the below listed General MDC
found in NCAC 02H.1050 in accordance with the permit documents, plans and
specifications on file with or provided to the Division, except as noted on the "AS-BUILT"
drawings, such that the intent of the stormwater rules and statutes has been preserved.
❑ Check here if this is a partial certification. Section/phase/SCM
#7
Check here if this is a part of a Fast-Track As-Built Package Submittal per.1044(3).
Check here if the designer did not observe the construction, but is certifying the project.
Check here if pictures of the SCM are provided.
Printed Name Signature
NC Registration Number Date
SEAL: Consultant's Mailing Address:
City/State/ZIP
Phone Number
Consultant's Email address:
O Circle N if the as-built value differs from the Plan. If N is circled, provide an explanation
on Page 2.
OO N/E = not evaluated (provide explanation on page 2) ON/A = not applicable to this SCM
or project.
Consultant's Certification NCAC.1003((3) &GeneralOAs-built ON/ ON/A
MDC.1050 E
A. TREATMENT REQUIREMENTS
1. The SCM achieves runoff treatment. Y or N
2. The SCM achieves runoff volume match. Y or N
3. Runoff from offsite areas and/or existing BUA is Y or N
bypassed.
4. Runoff from offsite areas and/or existing BUA is Y or N
directed into the permitted SCM and is accounted for
at the full build-out potential.
S. The project controls runoff through an offsite Y or N
permitted SCM that meets the requirements of the
MDC.
6. The net area of new BUA increase for an existing Y or N
project has been accounted for at the appropriate
desi n storm level.
7. The SCM(s) meets all the specific minimum design Y or N
criteria.
B. VEGETATED SETBACKS BUA
1. The width ate vegetated setback as been Y or N
measured from the normal pool of impounded
waters,the MHW line of tidal waters, or the top of
bank of each side of rivers or streams.
2. The vegetated setback is maintained in grass or other Y or N
vegetation.
3. BUA that meets the requirements of NC S 143-214.7 Y or N
(b2)(21 is located in the setback.
4. BUA that does not meet the requirements of NCGS Y or N
143-214.7 (b2)(2) is located within the setback and is
limited to:
a. Publicly funded linear projects (road,greenway
sidewalk)
b. Water-de endent structures
c. Minimal footprint uses (utility poles, signs,
security lighting and ap urtenances
5. Stormwater that is not treatedin an SCM is release
y or N
at the edge of the setback and allowed to flow through
the setback as dispersed flow.
OO As-built ®E/ ON/A
C. STORMWATER OUTLETS-the outlet handles the pea Y or N
flow from the 10 year storm with no downslo a erosion.
D. VARIATIONS
1. A variation (alternative from the stormwater rue Y or N
provisions has been implemented.
2. The variation provides equal or better stormwater
control and equal or better protection of surface Y or N
waters.
E. COMPLIANCE WITH-OTHER REOLATORY PROGRAMS Y. or N
has been meta
F. SIZIN -the volume of the SCM to es the runoff om a
surfaces into account and is sufficient to handle the Y or N
required storm depth.
G. CONTAMINATED SOILS-infiltrating SCMs are not Y :or N
located in or on areas with contaminated soils.
H. SIDE SLOPES
1. Vegetated side slopes are no steeper than 3H:1V. Y or N
2. Side slopes include retaining wa s, ga ion wa s, or Y or N
other surfaces that are steeper than 3H:1V.
3. egetated sideslopes are steeper than 3H:1V Y or N
(provide supporting documents for soils and
vegetation).
I. EROSION PROTECTION
1. The inlets do not cause erosion in the SCM. I Y or N
2. The outlet does not cause erosion downs lope of the Y or N
discharge point during the peak flow from the 10 year
storm.
). EXCESS FLOWS--An overflowbypass has been
provided. Y or N
K. DE WATERING-A method to drawdown standing water Y or N
has been provided to facilitate maintenance and
ins ection.
L. CLEANOUT AFTER CONSTRUCTION-the S M has een Y or N
cleaned out and converted to its approved desi state.
M. MAINTENANCEACCESS
1. The SCM is accessible for maintenance and repair. Y or N
2. The access does not include lateral or incline slopes Y or N
>3:1.
N. DESIG ER LIFT TI (FAST-TRACK PE
The designer is licensed under Chapters 89A,89C, 89E, or Y or N
89F of the General Statutes.
Provide an explanation for every MDC that was not met, and for every item marked "N/A"
or"N/E", below.Attach additional pages as needed:
AS-BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POND PROJECT
I hereby state that I am a licensed professional and I certify by my signature and seal below,
that I have observed the construction of the project named above to the best of my abilities
with all due care and diligence, and that the project meets all of the MDC found in NCAC
02H.1053, in accordance with the permit documents, plans and specifications on file with
or provided to the Division, except as noted on the "AS-BUILT" drawings,such that the
intent of the stormwater rules and the general statutes has been preserved.
❑ Check here if this is a partial certification. Section/phase/SCM
Check here if this is part of a Fast-Track As-Built Package Submittal per .1044(3).
Check here if the Designer did not observe the construction, but is certifying the project.
Check here if pictures of the SCM are provided.
Printed Name Signature
NC Registration Number Date
SEAL:
Consultant's Mailing Address:
City/State/ZIP
Phone Number
Consultant's Email address:
O Circle N if the as-built value differs from the Plan/permit. If N is circled, provide an
explanation on page 2
OO N/E = not evaluated (provide explanation on page 2) ON/A = not applicable to this
project or SCM.
This Certification must be completed in conjunction with the General MDC certification under
NCAC 02H.1050
Consultant's Certification (MDC .1053) OAs-built ON/E OO N/A
A. Foreba Depths Fountain
1. The available Sediment storage is consistent with the y or N
approved plan and is a minimum of 6 in. j
2. Water flow over the fore ay erm into the main pond y or N
occurs at a non-erosive veloci
3. The provided Fore ay Volume is 15%-20% of the main y or N
pool volume.
4. The Forebay entrance elevation is deeper than the exit y or N
elevation into the pond.
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5. The Average Design Depth oft the main pond below the
permanent pool elevation is consistent with the Y or N
permitted value?
6. Fountain documentation is provided. Y or N
B. Side slopes Banks Vegetated Shelf
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1. The width of the-Vegetated Shelf is consistent with the I Y or N
approved pTans and is a minimum of 6 feet.
2. The slope of t e Vegetate Shelf is consistent with t o Y or N
a roved lans and is no steeper than 6:1.
C. As-built Main Pool/Areas/Volumes/Elevations
1. The permanent pool surface area provided is consistent Y or N
with the permitted value.
2. The Temporary Poo Vo ume provi ed is consistent Y or N
with the permitted value.
3. The permanent pool elevation is consistent with the Y or N
permitted value.
4. The temporary pool elevation is consistent with the Y or N
permitted value.
OAs-built ONE ON A
D. Inlets/ Outlet/Drawdown
1. The design volume draws down in 2-5 days. Y or N
2. The size of the Orifice is consistent with the permitted Y or N
value.
3. A trash rack is provided on the outlet structure. Y or N
4. Hydrologic impacts tot the receiving channel are Y or N
minimized from the 1 yr 24 hr storm discharge?
5. The inlets and the outlet location are situated per the Y or N
approved plan and avoid short-circuiting.
E. Vegetation
1. The vegetated shelf has been planted with a minimum Y or N
of 3 diverse species.
2. The vegetated shelf plant density is consistent with the
approved plans and is no less than 50 plants per 200 sf Y or N
or no less than 24 inches on center.
Provide an explanation for every MDC that was not met, and for every item marked"N/A"
or"N/E" below.Attach additional pages as needed:
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