HomeMy WebLinkAbout20191670 Ver 2_6353.2_W Olive Rd_PCN_8.15.23_20230815Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- 2018-01320 Begin Date (Date Received):
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: W Olive Road (Olive Branch)
2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
Attached.
4. Property Owner / Applicant [PCN Form A3 or A41: Attached
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Brad Luckey/Pilot Environmental, Inc.
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form B lb]:
35.58923,-7840791
8. Project Location —Tax Parcel ID [PCN Form Bla]: 167601-46-7984
9. Project Location —County [PCN Form A2b]: Johnston
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Clayton
11. Project Information — Nearest Waterbody [PCN Form 132a]: Reedy Branch
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Neuse/03020201
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
❑ Standard Permit
❑✓ Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request
Section 10 and 404 ❑
❑Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification PCN Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: NWP 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
N 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes N No
For the record only for Corps Permit:
❑ Yes N No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
N Yes
❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
W Olive Road
2b.
County:
Johnston
2c.
Nearest municipality / town:
Clayton
2d.
Subdivision name:
Olive Branch
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Leoterra Olive Branch, LLC
3b.
Deed Book and Page No.
05665/0484
3c.
Responsible Party (for LLC if
applicable):
Kat Lyons
3d.
Street address:
110-A Shields Park Drive
3e.
City, state, zip:
Kernersville, NC 27284
3f.
Telephone no.:
336.682.1414
3g.
Fax no.:
3h.
Email address:
kat.lyons@leoterradevelopment.com
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Bradley Luckey
5b.
Business name
(if applicable):
Pilot Environmental, Inc.
5c.
Street address:
PO Box 128
5d.
City, state, zip:
Kernersville, NC 27285
5e.
Telephone no.:
336.708.4997
5f.
Fax no.:
5g.
Email address:
bluckey@pilotenviro.com
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
167601-46-7984
1 b. Site coordinates (in decimal degrees):
Latitude: 35.58923 Longitude: --78.40791
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
0.20 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Reedy Branch
proposed project:
2b. Water Quality Classification of nearest receiving water:
Class C, NSW
2c. River basin:
Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Structures are not located on the site. The site contains undeveloped wooded land and fields. W. Olive Road and
existing culverts and US Highway 70 border the project area to the north and west. An overhead power line easement
crosses the southern portion of the site. The larger Olive Branch subdivision has been cleared, graded and residences
are being constructed. The site is located within a commercial/residential area of Clayton, Johnston County, North
Carolina
3b. List the total estimated acreage of all existing wetlands on the property:
Wetland=0.04 Ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
The purpose of the project is to develop the site with Olive Branch, a single family residential subdivision.
3e. Describe the overall project in detail, including the type of equipment to be used:
The purpose of the project is to develop the site with Olive Branch, a single family residential subdivision. In order to
provide access and improve traffic conditions to and from the site, it is necessary to construct a right hand turn lane from
W. Olive Road to US Highway 70. Clearing and grading the site is necessary. Graders, haulers, excavators and other
heavy equipment will be used during site construction.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
❑Yes ❑ No ®Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
El Preliminary ❑Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Pilot Enviromental, Inc.
Name (if known): Bradley Luckey
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
USACE SAW-2018-01320 dated 2.10.20 and NCDWR 19-1670 dated 1.24.20 authorized the impact for two
stream/wetland crossings and two water line crossings. According to SAW-2018-01320 the following impacts to waters
were authorized: Crossing 1:0.304 acre of forested wetland and 55 linear feet of stream loss for road fill and 0.093 acre
forested wetland temporarily disturbed for road construction. 0.012 acre would be permanently converted to maintenance
corridor over the proposed waterline. Additional temporary stream impacts include the dewatering of 23 linear feet of
stream for construction pump -around. and 21 linear feet of riprap to protect the waterline. Crossing 2: 0.098 acre of
forested wetland and 55 linear feet of stream loss for road fill. and 0.026 acre forested wetland temporarily disturbed for
road construction. 0.005 acre would be permanently converted to maintenance corridor over the proposed waterline.
Additional temporary stream impacts include the dewatering of 23 linear feet of stream for construction pump -around, and
21 Linear feet of riprap to protect the waterline. This verification also authorizes the use of NWP 12 to construct sanitary
sewer collection lines within and outside of the proposed project footprint. Crossing 3 would temporarily impact 0.1 23
acre of forested wetland and 41 linear feet of stream to accommodate dewatering and pump around activities during
sewer line installation. No riprap is proposed in the streambed. A total of 0.1 33 acre of wetland would be permanently
converted to maintenance corridor over the sewer line. A final crossing of Reedy Branch along Little Creek Church Road
would be installed via trenchless jack -and -bore. Entry and exit pits would be located outside Waters of the United States.
No permanent, temporary. or conversion impacts are authorized at this crossing.
In 2020, the applicant installed Crossing 1, the two water line crossings and the bored sewer line. To Date, Crossing 2
has not been installed nor are there intentions to construct Crossing 2 at this time or in the future by the applicant.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Impacts to streams/wetlands, outside of those proposed in this application, are not anticipated as a result of the proposed
project. The proposed project obtained authorization to impact streams/wetlands with Crossing 2 as detailed in NWP 29
Verification SAW-2018-01320 Dated 2.10.20 with a different permittee. The previous NWP 29 Verification expired prior
to the applicant's construction of Crossing 2. The applicant has no plans or intentions to construct Crossing 2 based on
current market conditions at this time or in the future.
In 2020, the applicant installed Crossing 1, the two water line crossings and the bored sewer line. To Date, Crossing 2
has not been installed nor are there intentions to construct Crossing 2 at this time or in the future by the applicant.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non-404, other)
(acres)
Temporary T
W1 ® P ® T
Road
Fill/Construction
Riverine Swamp
Forest
® Yes
❑ No
® Corps
❑ DWQ
0.018/0.004
Acccess
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.018/0.004
2h. Comments: Impact 1 will permanently fill 0.018 acres (790 SF) of wetlands from road crossing fill and temporarily impact
0.004 acres (161 SF) of wetlands for construction access. Areas of temporary impacts will be restored to similar pre -
construction grades and revegetated with native herbaceous seed mix.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non-404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑P❑T
❑PER
❑Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments: Stream impacts are not proposed.
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number -
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments: Open water impacts are not proposed.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse El Tar -Pamlico El Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number -
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
re uired?
B1 ❑P❑T
El Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑ P ❑ T
❑ Yes
❑ No
6h. Total buffer impacts
6i. Comments: Buffer impacts are not proposed.
Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed development has been designed to minimize grading limits and the development footprint to avoid greater
impacts than proposed within this application. The applicant has designed the right hand turn lane to utilize an approximate 6'
tall end wall to avoid greater net loss of wetlands. The applicant has minimized the width of the road deck and side slope to
the maximum extent possible.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The clearing limits will be staked and silt fence or other BMPs will be used. Following the culvert extensions and installation of
rip -rap dissipater pad, areas of impact from temporary construction access will be returned to similar pre -construction
elevations and seeded with native herbaceous seed mix.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
® Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ® Corps
2c. If yes, which mitigation option will be used for this
project?
® Mitigation bank
ElPayment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Arrington Bridge III
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments: The applicant proposes mitigation for the unavoidable net loss to 0.018 acres of wetlands by purchase of
0.036 acres of wetlands credits from the Arrington Bridge III. According to SOA dated 8.14.23, the RES Arrington Bridge III
has credits available to satisfy the mitigation proposal.
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes No
Comments: Johnston County SWMP
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
24.0 %
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: Johnston
County SWMP approval will be
obtained prior to impacts occuring.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Johnston County
❑ Phase II
® NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ® No
letter.)
Comments: A NEPA or SEPA is not required as part of this project.
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes ® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Impacts from wastewater generation are not proposed.
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The IPaC report (attached) identifies the following federally protected species: red cockaded woodpecker, Neuse River
waterdog, Carolina madtom, Atlantic pigtoe, dwarf wedgemussel and yellow lance. The project area contains a sparsely
vegetated wetland, predominantly located within an existing overhead power line easement. Pine trees suitable for
roosting or foraging habitat for RCW are not located within the project area. Streams or suitable habitat for the remaining
federally protected aquatic species are not located within the project area. The project will utilize BMPs and other
sediment and erosion control devices to avoid down -gradient sedimentation of waters that could potentially affect
protected aquatic species. Therefore, based on the absence of suitable habitat within the project area, we have made
the determination that the proposed project will have no effect to federally protected species.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best
management practices will prevent sediment from entering down -gradient waterbodies which may contain fish.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
We reviewed the SHPO Map (http://gis.ncdcr.gov/hpoweb/) to identify historic and/or archaeological resources of the site.
The map does not identify eligible for listing or listed properties on or near the project area. A copy of the map is included
as an attachment.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA NHFL (Drawing 4, attached)
Digitally signed by Bradley Luckey
DIN: cn=Bradley Luckey, o=Pilot
Bradley
Enviromental, Inc., ou,
8.15.23
a
Bradley S. Luckey, PWS
l=bluckey@pilotenviro.com,
emai
Luckey
Date:2023.08.15 09:03:12-04'00'
Date
Applicant/Agent's Signature
Applicant/Agent's Printed Name
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version
DocuSign Envelope ID: C52B93A4-84E7-482E-8044-CC9A3A710E06
Proposal for Environmental Services
Pilot Proposal 6353.2
July 6, 2023
Signature
AGENT AUTHORIZATION
This form authorizes PEI to act as our agent in stream/wetland matters including U.S. Army Corps
of Engineers and North Carolina Division of Water Resources field verification and permitting.
Property Address: 499 West olive Road
Clayton, NC 27520
Applicant Information:
Name: Kat Lyons
110-A shields Park Drive
Address:
Kernersville, NC 27284
336-682-1414
Telephone Number:
Fax Number:
E-mail Address: kat.lyons@leoterradevelopment.com
E
SignatureDate:7/10/2023
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fires
EBX-Neuse I, LLC Stream and Wetland Banks
Statement of Availability August 14, 2023
U.S. Army Corps of Engineers
Matthew Martin
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
Re Project: Olive Branch
This document confirms that Leo Terra Development Inc. (Applicant) for the Olive Branch (Project) has expressed
an interest to utilize 0.036 Riparian Wetland Mitigation Credits from the EBX-Neuse sponsored Neu -Con Wetland
& Stream Umbrella Mitigation Bank, specifically 0.036 wetland credits from the Arrington Bridge 111 Site, in the Neuse
HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for
reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes
by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation
Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and
the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price.
Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the
debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured
by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also
be sent to regulatory agencies showing the proper documentation.
If any questions need to be answered, please contact me at 919-209-1055 or astaley@res.us.
Best Regards,
a Y�- st
Amy Staley
Credit Sales Manager
Resource Environmental Solutions, LLC
3600 Glenwood Avenue, Suite 100, Raleigh, NC 27612
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Project Code: 2023-0116786
Project Name: Olive Branch
August 14, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
08/14/2023
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.
08/14/2023
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds
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
08/14/2023
4
PROJECT SUMMARY
Project Code: 2023-0116786
Project Name: Olive Branch
Project Type: Road/Hwy - Maintenance/Modification
Project Description: SFR
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/@35.589104899999995,-78.40782119855827,14z
a .fs+�t5
Counties: Johnston County, North Carolina
08/14/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 8 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME S TATU S
Tricolored Bat Perimyotis sub flavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
BIRDS
NAME
S TATU S
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
AMPHIBIANS
NAME
S TATU S
Neuse River Waterdog Necturus lewisi
Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6772
FISHES
NAME
S TATU S
Carolina Madtom Noturus furiosus
Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/528
08/14/2023
CLAMS
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/784
Yellow Lance Elliptio lanceolata Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/4511
INSECTS
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
STATUS
Candidate
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
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 Act2.
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 Treater of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
08/14/2023
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.
I:�.»hI�71►[el
NAME SEASON
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9587
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25
and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
08/14/2023
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.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data H
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
08/14/2023
E
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.
R' probability of presence breeding season I survey effort — no data
SPECIES
JAN FEB MAR
APR MAY JUN JUL AUG
SEP OCT NOV DEC
American Kestrel
++++ ++++ +++
hii iiii ii:: r i ii
++ ++++ ++++ ++++
BCC -BCR
Bald Eagle
Non -BCC
Vulnerable
Brown -headed Nuthatch 1110 I I i■ AM 116 2k ■ ll i111 IN1111 1111 has madF
BCC -BCR
Chimney Swift BCC Rangewide I I I I I r1 +,+, 0,+"", 1% ,+++ "++ ++++
(CON) 16—
Eastern Whip -Poor -
will ++++ ++++ ++++ ++++'jjj ++++ ++++ + ++++ ++++ ++++ ++++
BCC Rangewide ..NE E..W
(CON)
Prairie Warbler BCC Rangewide ++++ ++++ ++++ +++1 I I I ii�t ■�■■ +++0 ++++ ++++ ++++ ++++
■ ■ ■■
(CON)
Prothonotary
MEN
Warbler ++++ ++++ ++++ ++j I I I I k�+ ++++ ++++ ++++ ++++ ++++ ++++
BCC Rangewide •M
(CON)
Red-headed ' ���
Woodpecker ++++ ++++ ++++ ++++ + +++s +,..............
BCC Rangewide
(CON)
Wood Thrush ++++ BCC Rangewide ++++ ++++ ++++ ++++ ++++ ++++
(CON)
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratoEy-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librqu/
collections/avoiding-and-minimizing-incidental-take-migratorv-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
08/14/2023
MIGRATORY BIRDS FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding_,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
08/14/2023 11
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 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
08/14/2023
12
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.
08/14/2023
IPAC USER CONTACT INFORMATION
Agency: Pilot Enviromental, Inc
Name: Bradley Luckey
Address: 743 Park Lawn Court
City:
Kernersville
State:
NC
Zip:
27285
Email
bluckey@pilotenviro.com
Phone:
3367084997
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of Johnston County, NC _ Approximate 0.20 Acre Tract
Clayton, Johnston County, NC
Scale: 1 -- 100 P, L 0, ENv,RONMENTAL.,NC Pilot Project6353.3
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Drawing 2A
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of Johnston County, NC
Published 1994
Scale: 1" = 400'
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West Olive Road
Approximate 0.20 Acre Tract
Clayton, Johnston County, NC
Pilot Project 6353.3
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Freshwater Emergent
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' NWI Map
Drawing 3=
y.; k 3_ West Olive Road
USFWS NWI
- Approximate 0.20 Acre Tract
Wetlands Mapper ®1• Clayton, Johnston County, NC
Scale: 1"=100' PIL07 ENVIR0NMENTAE.INC Pilot Project6353.3
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;1 %Annual Chance Flood Hazard
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i Area of Undetermined Flood Hazard
11 0.21'Annual Chance Flood Hazard
' F uture Conditions 1 %Annual Chance Fl ood Hazard .
., ► Area with R educed Risk Due to Levee
DFEMA FIRM
Drawing 4
National Flood Hazard Layer 'a+ West Olive Road
From FEMA Web Map Service
Approximate 0.20 Acre Tract
PILOT � Clayton, Johnston County, NC
Scale: 1" = 400'
. PIL0T ENYIRONMENTAL.INL Pilot Project6353.3
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THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR THE
NCDEQ-DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES.
Drawing 5 Wetland Map
Satellite Imagery from ESRI l ` West Olive Road
and Pilot GPS Data -_ Approximate 0.20 Acre Tract
Scale: 1" = 50' PILOT Clayton, Johnston County, NC
Date: 07.20.23 P 1 0 7 E ""' "° " M E N T A L I N C Pilot Project 6353.3
U.S. Army Corps of Engineers Requirement Control Symbol
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region EXEMPT
g (Authority: AR 335-15,
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R paragraph 5-2a)
Project/Site: W Olive Rd City/County: Clayton/Johnston Sampling Date: 7.19.23
Applicant/Owner: State: NC Sampling Point: DP-1
Investigator(s): Pilot Section, Township, Range:
Landform (hillside, terrace, etc.): Swale Local relief (concave, convex, none): Slope (%): 1
Subregion (LRR or MLRA): LRR P, MLRA 135B Lat: 35.58923 Long:-78.40791 Datum:
Soil Map Unit Name: GoA-Goldsboro sandy loam NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al) _Aquatic
Fauna (1313)
_Sparsely Vegetated Concave Surface (138)
—High Water Table (A2) _
Marl Deposits (B15) (LRR U)
—Drainage Patterns (1310)
X Saturation (A3) _Hydrogen
Sulfide Odor (C1)
_Moss Trim Lines (1316)
_Water Marks (131) _Oxidized
Rhizospheres on Living Roots (C3)
_Dry -Season Water Table (C2)
_Sediment Deposits (132) _Presence
of Reduced Iron (C4)
_Crayfish Burrows (C8)
_Drift Deposits (133) _Recent
Iron Reduction in Tilled Soils (C6)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Thin
Muck Surface (C7)
_Geomorphic Position (D2)
_Iron Deposits (135) _Other
(Explain in Remarks)
_ShallowAquitard (D3)
—Inundation Visible on Aerial Imagery (137)
_ FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T,U)
Field Observations:
Surface Water Present? Yes No
Depth (inches):
Water Table Present? Yes No
Depth (inches):
Saturation Present? Yes X No
Depth (inches): 0
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0
VEGETATION (Five Strata) - Use scientific names of plants.
Sampling Point: DP-1
Absolute Uominant
Indicator
Tree Stratum (Plot size: 30' )
% Cover Species?
Status
Dominance Test worksheet:
1. None
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 4 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 4 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 100.0% (A/B)
=Total Cover
Prevalence Index worksheet:
50% of total cover:
20% of total cover:
Total % Cover of: Multiply by:
Sapling Stratum (Plot size: 30' )
OBL species 15 x 1 = 15
1. Baccharis halimifolia
10 Yes
FAC
FACW species 0 x 2 = 0
2. Salix nigra
10 Yes
OBL
FAC species 20 x 3 = 60
3.
FACU species 0 x 4 = 0
4.
UPL species 0 x 5 = 0
5.
Column Totals: 35 (A) 75 (B)
6.
Prevalence Index = B/A = 2.14
20 =Total Cover
Hydrophytic Vegetation Indicators:
50% of total cover:
10 20% of total cover:
4
_ 1 - Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size: 30' )
X 2 - Dominance Test is >50%
1. Juncus effusus
5 Yes
OBL
X 3 - Prevalence Index is :53.0'
2.
-Problematic Hydrophytic Vegetation' (Explain)
3.
4.
5.
'Indicators of hydric soil and wetland hydrology must
6.
be present, unless disturbed or problematic.
5 =Total Cover
Definitions of Five Vegetation Strata:
50% of total cover:
3 20% of total cover:
1
Tree - Woody plants, excluding woody vines,
Herb Stratum (Plot size: 30' )
approximately 20 ft (6 m) or more in height and 3 in.
1. Smilax rotundifolia
10 Yes
FAC
(7.6 cm) or larger in diameter at breast height (DBH).
2.
Sapling - Woody plants, excluding woody vines,
3.
approximately 20 ft (6 m) or more in height and less
4
than 3 in. (7.6 cm) DBH.
5.
Shrub - Woody Plants, excluding woody vines,
6
approximately 3 to 20 ft (1 to 6 m) in height.
7.
Herb - All herbaceous (non -woody) plants, including
8.
herbaceous vines, regardless of size, and woody
g
plants, except woody vines, less than approximately 3
ft (1 m) in height.
10.
11.
Woody Vine - All woody vines, regardless of height.
10 =Total Cover
50% of total cover:
5 20% of total cover:
2
Woody Vine Stratum (Plot size:
)
1.
2.
3.
4.
5
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes X No
Remarks: (If observed, list morphological adaptations below.)
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0
SOIL
Sampling Point: DP-1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Type Loc Texture Remarks
0-18 10YR 3/2 98
7.5YR 5/6 2 RM M Loamy/Clayey
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
_Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
—Barrier Islands 1 cm Muck (S12)
2 cm Muck (A10) (LRR S)
_Black Histic (A3)
(MLRA 153B, 153D)
_Coast Prairie Redox (A16)
_Hydrogen Sulfide (A4)
_Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
_Stratified Layers (A5)
_Loamy Gleyed Matrix (F2)
_Reduced Vertic (F18)
_Organic Bodies (A6) (LRR, P, T, U)
X Depleted Matrix (F3)
(outside MLRA 150A, 150B)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
_ Piedmont Floodplain Soils (F19) (LRR P, T)
—Muck Presence (A8) (LRR U)
—Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 153B)
—Depleted Below Dark Surface (Al 1)
—Marl (F10) (LRR U)
—Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
_Coast Prairie Redox (A16) (MLRA 150A)
Iron -Manganese Masses (F12) (LRR O, P, T)
(outside MLRA 138, 152A in FL, 154)
_Sandy Mucky Mineral (S 1) (LRR O, S)
Umbric Surface (F13) (LRR P, T, U)
_Barrier Islands Low Chroma Matrix (TS7)
_Sandy Gleyed Matrix (S4)
_Delta Ochric (F17) (MLRA 151)
(MLRA 153B, 153D)
_Sandy Redox (S5)
_Reduced Vertic (F18) (MLRA 150A, 150B)
_Other (Explain in Remarks)
_Stripped Matrix (S6)
_Piedmont Floodplain Soils (F19) (MLRA 149A)
—Dark Surface (S7) (LRR P, S, T, U)
_Anomalous Bright Floodplain Soils (F20)
_ Polyvalue Below Surface (S8)
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0
U.S. Army Corps of Engineers Requirement Control Symbol
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region EXEMPT
g (Authority: AR 335-15,
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R paragraph 5-2a)
Project/Site: W Olive Rd City/County: Clayton/Johnston Sampling Date: 7.19.23
Applicant/Owner: State: NC Sampling Point: DP-2
Investigator(s): Pilot Section, Township, Range:
Landform (hillside, terrace, etc.): Sideslope Local relief (concave, convex, none): Slope (%): 1
Subregion (LRR or MLRA): LRR P, MLRA 135B Lat: 35.58924 Long:-78.4786 Datum:
Soil Map Unit Name: GoA-Goldsboro sandy loam NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al) _Aquatic
Fauna (1313)
_Sparsely Vegetated Concave Surface (138)
—High Water Table (A2) _
Marl Deposits (B15) (LRR U)
—Drainage Patterns (1310)
_Saturation (A3) _Hydrogen
Sulfide Odor (C1)
_Moss Trim Lines (1316)
_Water Marks (131) _Oxidized
Rhizospheres on Living Roots (C3)
_Dry -Season Water Table (C2)
_Sediment Deposits (132) _Presence
of Reduced Iron (C4)
_Crayfish Burrows (C8)
_Drift Deposits (133) _Recent
Iron Reduction in Tilled Soils (C6)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Thin
Muck Surface (C7)
_Geomorphic Position (D2)
_Iron Deposits (135) _Other
(Explain in Remarks)
_ShallowAquitard (D3)
—Inundation Visible on Aerial Imagery (137)
_ FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T,U)
Field Observations:
Surface Water Present? Yes No
Depth (inches):
Water Table Present? Yes No
Depth (inches):
Saturation Present? Yes No
Depth (inches):
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP-2
Absolute Uominant
Indicator
Tree Stratum (Plot size: 30' )
% Cover Species?
Status
Dominance Test worksheet:
1. Liquidambarstyraciflua
20 Yes
FAC
Number of Dominant Species
2. Pinus taeda
20 Yes
FAC
That Are OBL, FACW, or FAC: 5 (A)
3. Acerrubrum
10 Yes
FAC
Total Number of Dominant
4.
Species Across All Strata: 5 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 100.0% (A/B)
7.
Prevalence Index worksheet:
8.
Total % Cover of: Multiply by:
50 =Total Cover
OBL species 0 x 1 = 0
50% of total cover:
25 20% of total cover:
10
FACW species 0 x 2 = 0
Sapling/Shrub Stratum (Plot size: 30'
)
FAC species 65 x 3 = 195
1. Baccharis halimifolia
10 Yes
FAC
FACU species 2 x 4 = 8
2. Ligustrum sinense
5 Yes
FAC
UPL species 0 x 5 = 0
3.
Column Totals: 67 (A) 203 (B)
4.
Prevalence Index = B/A = 3.03
5.
Hydrophytic Vegetation Indicators:
6.
_ 1 - Rapid Test for Hydrophytic Vegetation
7.
X 2 - Dominance Test is >50%
8.
3 - Prevalence Index is :53.0'
15 =Total Cover
-Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
8 20% of total cover:
3
Herb Stratum (Plot size: 30' )
1. Asplenium platyneuron
2 No
FACU
'Indicators of hydric soil and wetland hydrology must
2.
be present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3.
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
9.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
12.
2 =Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
1 20% of total cover:
1
height.
Woody Vine Stratum (Plot size: 30' )
1. Smilax rotundifolia
FAC
2.
3.
4.
5
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes X No
Remarks: (If observed, list morphological adaptations below.)
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0
SOIL
Sampling Point: DP-2
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Type Loc Texture Remarks
0-18 10YR 5/4 100
Loamy/Clayey
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
_Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
—Barrier Islands 1 cm Muck (S12)
2 cm Muck (A10) (LRR S)
_Black Histic (A3)
(MLRA 153B, 153D)
_Coast Prairie Redox (A16)
_Hydrogen Sulfide (A4)
_Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
_Stratified Layers (A5)
_Loamy Gleyed Matrix (F2)
_Reduced Vertic (F18)
_Organic Bodies (A6) (LRR, P, T, U)
X Depleted Matrix (F3)
(outside MLRA 150A, 150B)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
_ Piedmont Floodplain Soils (F19) (LRR P, T)
—Muck Presence (A8) (LRR U)
—Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 153B)
—Depleted Below Dark Surface (Al 1)
—Marl (F10) (LRR U)
—Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
_Coast Prairie Redox (A16) (MLRA 150A)
Iron -Manganese Masses (F12) (LRR O, P, T)
(outside MLRA 138, 152A in FL, 154)
_Sandy Mucky Mineral (S 1) (LRR O, S)
Umbric Surface (F13) (LRR P, T, U)
_Barrier Islands Low Chroma Matrix (TS7)
_Sandy Gleyed Matrix (S4)
_Delta Ochric (F17) (MLRA 151)
(MLRA 153B, 153D)
_Sandy Redox (S5)
_Reduced Vertic (F18) (MLRA 150A, 150B)
_Other (Explain in Remarks)
_Stripped Matrix (S6)
_Piedmont Floodplain Soils (F19) (MLRA 149A)
—Dark Surface (S7) (LRR P, S, T, U)
_Anomalous Bright Floodplain Soils (F20)
_ Polyvalue Below Surface (S8)
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0
Brad Luckey
From: Heather LaGamba
Sent: Friday, July 7, 2023 2:44 PM
To: 401 PreFile@ncdenr.gov
Subject: Pre -File Notice - West Olive Branch Road (6353.2)
We would like to submit a Pre -filing Notice for the following project:
Project Name: West Olive Branch Road (6353.2)
Project Owner: LeoTerra Development, Inc.
Project Owner's Address: 110-A Shields Park Drive, Kernersville, North Carolina 27284
Project County: Johnston
Type of project/Approval Sought: 401 WQC, Pre -Application Request Meeting Declined
Thank you and have a wonderful day!
Sincerely,
Heather LaGamba
336.345.9536 (c)
336.310.4527 (o)
P.O. Box 128
Kernersville, NC 27285
www.lilotenviro.com
hiagamba@pilotenviro.com