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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 F'�68F6�d Ii O_ 4 r n• h d � x 4 d• �N U a ' N a 2 O E V v O gE U U a N a E E- m � Y V � o V J � E V CD C J ❑ C c v L � � � a a Q m U : c V O � Z3 U x. 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H N M N N Wc LL ti e IN .,.oc'c' Q � c LL Ln Ln N y i eoo n C C N ov Ooo a� a u ° A. `u3 � w bi ] ==o3n o�ao W Qa o LLIo UU N� a N o "=o°— le `o`a �ncvv o 0w O J. =z S. y yV 0 QO> u C N N u M c y N 23 O�s% NY'i O N C° 3 3 O Ln Q 3 N o$ o.w ° w 0 3 N c— N O z Z O° c O c a w uNC`�aavN`°v5avc ° u° /ice /.0a/ ,` /U) /gym' / . ,, eU) a fin/ / V/0 / Q/'X/Q LU LL I w 0,) / v aIr� } / / o p / / / L CC,Lu O / ` \ m Q } U) �I �w LU Q a w a O H J Ll_ QLi x �a< \ a p co � Q r �\ /ri / \ } \ ❑ \ �,j Ll X1, O sLU \ 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 0 OrL — 4 ML 4 V .y W WA ME so NO o• it * / s 1 it �y a a f 4 '1 ., I-- , CL � :�vtVN IL Al LEGEND Y ' Site Boundary . r USGS Topographic Map Drawing 1 y West Olive Road USGS Topographic Map Approximate 0.20 Acre Tract Powha NC Quadrangle . Clayton, Johnston County, NC Scalle:e: 1"=2,000' PIL07�ENVIR0NMENTAE.INC Pilot Project6353.3 k Jrlti• Ip IL x5 �. ,• ...; a .i .'fir I �l # f " at LEGEND - r� Site Boundary Web Soil Map Drawing 2r f USDA Web Soil Survey - -:`.� West Olive Road 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 a d No Drawing 2A USDA Soil Survey of Johnston County, NC Published 1994 Scale: 1" = 400' AIL PILGI� P I L O T E N V I R 0 N M E N T A L. I N C 1141JA 0 . LEGEND r Site Boundary It 4. Published Soil Map West Olive Road Approximate 0.20 Acre Tract Clayton, Johnston County, NC Pilot Project 6353.3 t 1 E Site Boundary ��LEG Freshwater Emergent 4' Freshwater Forested/Shrub Estuarine and Marine Deepwater Estuarine and Marine Freshwater Pond 1a Lake � Riverine Other � L ' 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 —• ,-y AMP 41f- SPAN ELte r 37201677000 — ti w } s is y,*•g'• 41 ..#4 �j af Alf " i' - 5 F' OP P ` F TIE -Y 404 •� F '�v`• yl i4 4 - : ,`�} �• PANEL �= �.2G167600F 10 eff. 6120r2018 LEGEND Site Boundary ;1 %Annual Chance Flood Hazard Regulatory Floodvay No Sped al Floodvay 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 Culvert -60L.Minug 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