20231691 Ver 1_ePCN Application_20231212

DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes No
Is this project a public transportation project?*
Yes No
Change only If needed.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned Version# *
20231691 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Fayetteville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Gardner Farms Subdivision
la. Who is the Primary Contact?*
Meritage Homes — Raleigh Division (Attn: Chris Mehl)
1b. Primary Contact Email:*
Chris. [e-mail]
Date Submitted
12/12/2023
Nearest Body of Water
West Buies Creek
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude:
35.488742
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Harnett
Is this a NCDMS Project
Yes No
Longitude:
-78.739828
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Chad Turlington:chad.turlington
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
Is this project a public transportation project?*
Yes No

1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
GARDNER DANIEL W JR & GARDNER JANET FRAZIER
2b. Deed book and page no.:
DB: 3083, PG: 0913
2c. Contact Person:
2d.Address
Street Address
4305 Old Buies Creek Road
Address Line 2
city
Angier
Postal / Zip Code
27501
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
United States of America
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
GARDNER KENNETH DALE & GARDNER DEBRA ANNE
2b. Deed book and page no.:
DB: 3083, PG: 0915
2c. Contact Person:
2d. Address
Street Address
4144 OLD BUIES CREEK ROAD
Address Line 2
city
Angier
Postal / Zip Code
27501
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
ADAMS CLINTON L
2b. Deed book and page no.:
DB: 528, PG: 0185
2c. Contact Person:
2d. Address
Street Address
469 TIPPETT ROAD
Address Line 2
city
Angier
Postal / Zip Code
27501
2e. Telephone Number:
[phone]
2g. Email Address:
Chris. [e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Chris Mehl
3b. Business Name:
Meritage Homes - Raleigh Division
3c. Address
Street Address
3300 Paramount Parkway
Address Line 2
Suite 120
City
Raleigh
Postal / Zip Code
27560
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
2f. Fax Number:
State / Province / Region
NC
Country
United States of America
2f. Fax Number:
State / Province / Region
NC
Country
United States of America
2f. Fax Number:
State / Province / Region
North Carolina
Country
United States of America
3e. Fax Number:

4. Agent/Consultant (if applicable)
4a. Name:
George Buchholz
4b. Business Name:
Colliers Engineering and Design
4c.Address
Street Address
2000 Regency Parkway
Address Line 2
Suite 295
city
Cary
Postal / Zip Code
27518
4d. Telephone Number:
[phone]
4f. Email Address:'
[e-mail]
C. Project Information and Prior Project History
1. Project Information
State / Province / Region
North Carolina
Country
United States of America
4e. Fax Number
Ill Subdivision name:
(If appropriate)
1c. Nearest municipality / town:
Town of Angier
2. Project Identification
2a. Property Identification Number:
0673-72-4977, 0673-72-7501, and 0673-52-
2b.Property size:
9183
53
2c. Project Address
Street Address
4583 Old Buies Creek Road
Address Line 2
City
State / Province / Region
Angier
North Carolina
Postal / Zip Code
Country
27501
United States of America
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
West Buies Creek
3b. Water Resources Classification of nearest receiving water:"
C
3c. What river basin(s) is your project located in?"
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300040503
4. Project Description and History

4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The Proposed Project is located adjacent to the west of Old Buies Creek Road (State Route 1542). Located immediately adjacent to the north of the Proposed Project is a residential
subdivision, to the south are agricultural fields and forested areas, and to the west are forested areas and undeveloped land. The Proposed Project consists of active agricultural
operations (i.e. soybean), a pond utilized for irrigation purposes, forested areas, agricultural barn structures, and a residential trailer located far northeastern corner. The Proposed Project
contains two (2) major community types: Maintained/Disturbed Areas and Forested Areas. The Maintained/Disturbed Areas have had past, intermittent, and/or regular maintenance
activities. Agricultural areas comprise 80 % of the Proposed Project and are within active agricultural use with soybean crops. The Maintained/Disturbed Areas also contains a pond that is
used for irrigation purposes for the agricultural fields. Non -wetland Forested Areas are comprised of a Dry-Mesic Oak -Hickory Forest and are very limited on the Proposed Project. Small
fringe Dry-Mesic Oak -Hickory Forest communities are located within the southern and eastern section of the Proposed Project. In general, the wetland areas can be described as
Headwater Forested Wetlands. Wetland 1 (W-1) is primarily a groundwater driven wetland system located along the west central property boundary that occasionally could receive limited
diffuse surface flow from the adjacent agricultural fields and upland forested areas. Wetland 2 (W-2) is hydrologically connected to a perennial stream feature located along the
northwestern property boundary.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.993 AC vegetated wetlands; 0.551 AC open water wetlands
4g. List the total estimated linear feet of all existing streams on the property:
325 LF
4h. Explain the purpose of the proposed project:
The purpose and need of the Proposed Project is to construct an affordable and family friendly residential subdivision (known as the Gardner Farms Subdivision) with community cohesion
and the necessary amenities and infrastructure within the Town of Angier which is experiencing a population increase. The Proposed Project will contain it's own public utilities; and
therefore, is an independent project and considered a single and complete project with appropriate land use control measures in place for specific areas which require them.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The Proposed Project will consist of 136 single-family lots with amenities in addition to a roadway network, stormwater control measures (SCMs), and utility improvements (i.e. sanitary
sewer, water main, electrical powedine). The Proposed Project will be served by public roads, public water, and public sewer. The Proposed Project will involve the addition of an off -site
sanitary sewer to be connected to an existing public sanitary sewer located to the west on the adjacent parcel (Harnett County PIN 0673-52-9183). In addition, an additional turn lane road
widening as well as public utility extension to the extents of the property boundary are proposed. Future public roadways are set at a right of way width of 50-feet (local) and are to be mass
graded with curb and gutter. Upon completion, the proposed public roads will be turned over to and maintained by the local township. The Proposed Project will connect to Old Buies Creek
Road in two locations. One connection will be just north of the intersection of Old Buies Creek Road and Ennis Road. The second connection will be to the south of the Old Buies Creek
Road and Ennis Road intersection.
Impacts to Waters of the U.S. are unavoidable in order to achieve the goals of the Proposed Project. Proposed impacts are shown on Figures 1 through 3 Waters of the U.S. Impact Maps.
To accomplish the Purpose and Need of the Proposed Project, a total of 0.147-acres of jurisdictional Waters of the U.S. and wetlands will be impacted by the Proposed Project. The
proposed impacts are a result of the addition of an off -site sanitary sewer to be connected to an existing public sanitary sewer located to the west on the adjacent parcel (Harnett County
PIN 0673-52-9183). The proposed sanitary sewer extension will be located within a permanently maintained 30-foot easement and open cut and backfill construction methods will be used
to cross the stream. The proposed wetland impacts will be temporary, but the impacts will permanently convert forested wetlands to emergent wetlands at this location (i.e.
temporary/permanent conversion impacts). A total of 0.144-acres of palustrine forested wetlands (PFO) will be temporarily impacted/permanently converted as a result of the permanently
maintained 30-foot sanitary sewer easement. The sewer alignment will be located approximately 3-feet below the stream and will range from 5-feet to 7-feet below the wetlands. Sewer
installation will be constructed in such a manner not to drain (i.e. french drain) wetlands or stream. The sewer alignment will be open cut and backfilled with the top 6 to 12 inches of
excavated material and pre -construction elevations will be returned. As a result, 38 linear feet (0.003-acres) of perennial stream will be temporarily impact due to installation of the sanitary
sewer alignment. The Proposed Project is a single and complete project with appropriate land use control measures in place for specific areas which require them. Traditional equipment
will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes
Comments:
No
5b. If the Corps made a jurisdictional determination, what type of determination was made?"
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-0262
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): George Buchholz
Agency/Consultant Company: Colliers Engineering and Design
Other:
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
June 13, 2023
6. Future Project Plans
6a. Is this a phased project?"
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory

1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
p Wetlands Streams -tributaries
C Open Waters Pond Construction
2. Wetland Impacts
U Buffers
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested"
2f. Type of JurisdicitiI
2g. Impact
area *
W1
Sanitary Sewer Easment
T
Headwater Forest
W-2
Yes
Both 2�Ll_
2g. Total Temporary Wetland Impact
0.144
2g. Total Wetland Impact
0.144
2g. Total Permanent Wetland Impact
0.000
21. Comments:
The off -site sanitary sewer will extend west to an existing public sanitary sewer located on the adjacent parcel (Harnett County PIN 0673-52-9183). This
is the most direct route across the wetland system that impacts the least amount wetlands. The sewer alignment will be open cut and backfilled with the
top 6 to 12 inches of excavated material and pre -construction elevations will be returned. The depth of the sewer alignment will be range from 5-feet to
7-feet below the wetlands. Sewer installation will be constructed in such a manner not to drain (i.e. french drain) wetlands; thereby minimizing impacts.
The proposed sanitary sewer extension will be located within a permanently maintained 30-foot easement. The proposed wetland impacts will be
temporary, but the impacts will permanently convert forested wetlands to emergent wetlands at this location (i.e. temporary/permanent conversion
impacts).
3. Stream Impacts
❑
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Sanitary Sewer Linge
Temporary
Other
S-1
Perennial::]
Both
Averege (feet)
�
38
(linear feet)
31. Total jurisdictional ditch impact in square feet
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 38
3i. Total stream and ditch impacts:
38
3j. Comments:
The off -site sanitary sewer will extend west to an existing public sanitary sewer located on the adjacent parcel (Harnett County PIN 0673-52-9183). The
proposed alignment of the sanitary sewer crosses the stream as close to 90-degrees (i.e. perpendicular) as possible. Other alignments of the sanitary
sewer would cross the stream at angles much greater than 90-degrees. The sewer alignment will be open cut and backfilled with the top 6 to 12 inches
of excavated material and pre -construction elevations will be returned. The depth of the sewer alignment will be approximately 3-feet below the stream.
Sewer installation will be constructed in such a manner not to drain (i.e. french drain) stream; thereby minimizing impacts. The proposed stream impacts
will be temporary.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning,
including the utilization of the wetland delineation to adjust the layout to avoid and minimize impacts. Avoidance and minimization measures were also
accomplished during the design phase of the Proposed Project. The proposed impacts result in the least impacts to Waters of the U.S. while meeting the
purpose and need. The Applicant has avoided and minimized impacts to the greatest extent practicable given the purpose, need, and goals of the
Proposed Project. The proposed impacts are required in order for the Proposed Project's goals to be achieved.
A variety of alternatives were examined to maximize the amount of residential lots within the project site. Each alternative, including the Preferred
Alternative (Proposed Project), involves the addition of an off -site sanitary sewer to be connected to an existing sanitary sewer located to the west on the
adjacent parcel (Harnett County PIN 0673-52-9183). The Preferred Alternative was ultimately chosen since it was deemed suitable in achieving the
purpose and need of the Proposed Project while at the same time avoiding and minimizing impacts to Waters of U.S. and wetlands.
Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the
requirements of the North Carolina Department of Environmental Quality- Erosion and Sediment Control Planning and Design Manual and local codes.
All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install temporary
construction entrances, silt fence, inlet and outlet protection, temporary diversion ditches, temporary slope drains, temporary skimmer sediment basins,
sediment basin baffles, temporary sediment traps, and riprap outlet protection only as necessary to install devices. All erosion and sediment control
measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed
repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's
representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements
of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be
taken to prevent oil, tar, trash, debris and other pollutants from entering the adjacent jurisdictional features. Any excess excavated materials not utilized
as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features.
Therefore, stockpiling of excavated material within jurisdictional Waters of the U.S. and wetlands will be strictly prohibited as part of the construction of
this project. All project construction activities initiated within jurisdictional Waters of the U.S. and wetlands will be carried to completion in an expeditious
manner to minimize the period of disturbance.
The Proposed Project has minimized the possibility of indirect impacts through implementation of planning practices which reduce the influence of direct
impacts on downstream water quality. Efforts to reduce indirect impacts generally include:
1. Avoidance/minimization of direct wetlands/waters impacts through innovative site planning and utilization of confirmed wetland delineation
2. Avoidance/minimization of partial wetland/stream impacts
3. Avoidance/minimization of impacts to primary drainage ways and floodplains
4. Strict adherence to all state and local stormwater and sediment control measures
Based on the current project layout, potential indirect impacts to downstream waters could still occur to West Buies Creek. To mitigate for this, two (2)
Wet Pond Stormwater Control Measure (SCM A and B) are proposed and have been sized, such that, post -development flows to below the 10-year pre -
development flows for the entirety of the site. The SCMs are designed to meet these requirements as well as additional attenuation of the 1, 2, 5, 10, 25,
and 100-year post development flow to below pre -development levels. SCMs have been strategically placed within natural drainageways to manage and
treat runoff before discharging into down gradient waters in order to protect waters from degradation. Therefore, the construction of the Proposed Project
should have little, to no, effect on downstream waters, shellfish or other aquatic species.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sanitary sewer crosses the stream as close to 90-degrees. Depth of the sewer alignment will be range from 5-feet to 7-feet below the wetlands. Depth of
the sewer alignment will be approximately 3-feet below the stream. The top 6 to 12 inches of excavated material and pre -construction elevations will be
returned. Constructed in such a manner not to drain (i.e. french drain) wetlands or stream.
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
2c. If yes, mitigation is required by (check all that apply):
DWR
Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.144
4g. Coastal (tidal) wetland mitigation requested:
(acres)
F. Stormwater Management and Diffuse Flow Plan (required by DWR)

1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Proposed Project is not located within a Buffered Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Town of Angier
Comments:
The Town of Angier stormwater runoff reduction requirements are attenuation of the 1-year post -development flows to below the 10-year pre -development flows for theentirety of the site.
The SCMs are designed to meet these requirements as well asadditional attenuation of the 1, 2, 5, 10, 25, and 100-year post development flow tobelow pre -development levels.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
The Proposed Project is a single and complete project with appropriate land use control measures in place for specific areas which require them.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5d. Is another Federal agency involved?*
Yes No
5e. Is this a DOT project located within Division's 1-8?
Yes No
Unknown
8

5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No

5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A review of publicly available databases regarding the potential occurrence of federally protected species was conducted. Initially, a USFWS List of
Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species for Harnett County was reviewed. A refined search,
using the USFWS Information for Planning and Consultation (IPaC) database, was also reviewed to provide a more detailed list of species and critical
habitat under USFWS jurisdiction that are known or expected to occur on or near the Proposed Project (USFWS IPaC, ). The following are descriptions
of the habitat for the species listed in the IPaC review:
Tricolored Bat (Perimyotis subflavus) - Proposed Endangered: During the spring, summer and fall - collectively referred to as the non -hibernating
seasons - tricolored bats primarily roost among live and dead leaf clusters of live or recently dead deciduous hardwood trees. In the southern and
northern portions of the range, tricolored bats will also roost in Spanish moss (Tillandsia usneoides) and Usnea trichodea lichen, respectively. In addition,
tricolored bats have been observed roosting during summer among pine needles, eastern red cedar (Juniperus virginiana), within artificial roosts like
barns, beneath porch roofs, bridges, concrete bunkers, and rarely within caves. Female tricolored bats exhibit high site fidelity, returning year after year
to the same summer roosting locations. Female tricolored bats form maternity colonies and switch roost trees regularly. Males roost singly. During the
winter, tricolored bats hibernate - which means that they reduce their metabolic rates, body temperatures and heart rate - in caves and mines; although,
in the southern United States, where caves are sparse, tricolored bats often hibernate in road -associated culverts, as well as sometimes in tree cavities
and abandoned water wells. Tricolored bats exhibit high site fidelity with many individuals returning year after year to the same hibernaculum. Species -
specific surveys can be performed year-round; however, optimal time to survey is from May 15 through August 15. Agricultural areas comprise 80 % of
the Proposed Project and are within active agricultural use with soybean crops. The Maintained/Disturbed Areas also contains a pond that is used for
irrigation purposes for the agricultural fields. Non -wetland Forested Areas are comprised of a Dry-Mesic Oak -Hickory Forest and are very limited on the
Subject Property. Small fringe Dry-Mesic Oak -Hickory Forest communities are located within the southern and eastern section of the Subject Property.
Therefore, based on the fact that there is not a known maternity roost or hibernacula within the Subject Property, it is believed that a biological finding of
any future project is "May Affect; Not Likely To Adversely Affect" for the tricolored bat.
Red -cockaded woodpecker (Picoides borealis) - Endangered: Red -cockaded woodpeckers require open pine woodlands and savannahs with large old
pines for nesting and roosting habitat (clusters). Large old pines are required as cavity trees because the cavities are excavated completely within
inactive heartwood, so that the cavity interior remains free from resin that can entrap the birds. Also, old pines are preferred as cavity trees, because of
the higher incidence of the heartwood decay that greatly facilitates cavity excavation. Cavity trees must be in open stands with little or no hardwood
midstory and few or no overstory hardwoods. Hardwood encroachment resulting from fire suppression is a well-known cause of cluster abandonment.
Redcockaded woodpeckers also require abundant foraging habitat. Suitable foraging habitat consists of mature pines with an open canopy, low densities
of small pines, little or no hardwood or pine midstory, few or no overstory hardwoods, and abundant native bunchgrass and forb groundcovers. Species -
specific surveys can be performed year-round; however, optimal time to survey is generally November to early March. Agricultural areas comprise 80
of the Proposed Project and are within active agricultural use with soybean crops. The Maintained/Disturbed Areas also contains a pond that is used for
irrigation purposes for the agricultural fields. Non -wetland Forested Areas are comprised of a Dry-Mesic Oak -Hickory Forest and are very limited on the
Subject Property. Small fringe Dry-Mesic Oak -Hickory Forest
communities are located within the southern and eastern section of the Subject Property. Therefore, it is believed that a biological opinion of "No Effect'
should be rendered for the red -cockaded woodpecker.
American alligator (Alligator mississippiensis) — Threatened (Similarity of Appearance): Alligators live in swampy areas, rivers, streams, lakes and ponds.
Females and juveniles occasionally use seasonal wetlands, such as Carolina Bays. Although they are primarily freshwater animals, alligators will also
venture into brackish salt water. There is a .55-acre pond that is used for irrigation purposes located within the Proposed Project. The pond is not
swampy, nor is it a Carolina Bay. Therefore, it is believed that a biological opinion of "No Effect"should be rendered for the American alligator.
Cape Fear Shiner (Notropis mekistocholas) — Endangered: The Cape Fear shiner is generally associated with shallow, rocky shoals within main river
channels composed of gravel, cobble, and boulder substrates. The species has been observed to inhabit slow pools, riffles, and slow runs and in winter
months, they may migrate into smaller tributary streams. Juveniles are often found in slackwater, among large rock outcrops in mid stream, and in
flooded side channels and pools. The most obvious features of their preferred habitat are large islands and bars of water willow, Justice americana, or
other aquatic vegetation as they feed extensively on plant material. In these habitats, the species is typically associated with schools of other related
species, but it is never the numerically dominant species. There is final critical habitat for this species, but the Proposed Project does not overlap the
critical habitat. Therefore, it is believed that a biological opinion of "No Effect' should be rendered for the Cape Fear shiner.
Atlantic pigtoe (Fusconaia masoni) - Threatened: The Atlantic pigtoe is dependent on clean, moderate flowing water with high dissolved oxygen content
in creek and riverine environments. Historically, the best populations existed in creeks and rivers with excellent water quality, where stream flows were
sufficient to maintain clean, silt -free substrates. Because this species prefers more pristine conditions, it typically occurs in headwaters and rural
watersheds. It is associated with gravel and coarse sand substrates at the downstream edge of riffles, and less commonly occurs in cobble, silt, or sand
detritus mixtures. The Proposed Project does contain one (1) stream (Perennial Stream; S-1). Based on the delineation conducted for the Proposed
Project by CED, the perennial stream (S-1) has moderate in -channel structure (i.e. riffle -pool sequencing). In addition, the stream had a moderate
baseflow, at best. Therefore, it is believed that a biological opinion of "No Effect" should be rendered for the Atlantic pigtoe.
Monarch butterfly (Danaus plexippus) - Candidate: In many regions where monarchs are present, monarchs breed year-round. Individual monarchs in
temperate climates, such as eastern and western North America, undergo long-distance migration, and live for an extended period. In the fall, in both
eastern and western North America, monarchs begin migrating to their respective overwintering sites. In early spring (February -March), surviving
monarchs break diapause and mate at the ovenvintering sites before dispersing. Milkweed is the host plant for monarchs and is the lone plant on which
the butterflies lay their eggs in spring and the only food source for monarch larvae. It should be noted that the monarch butterfly has been listed as a
candidate species by the USFWS within the lower 48 states of the US. At this time this species is not afforded any specific legal protection, however,
final determination of federal status and applicable regulations surrounding it should be monitored and addressed if listing occurs prior to construction.
Rough -leaved loosestrife (Lysimachia asperulaefolia) - Endangered: All of the known rough -leaved loosestrife populations occur in the coastal plain or
sandhills physiographic provinces of NC and SC. According to the Recovery Plan (USFWS 1995), this species is typically found in the ecotone between
longleaf pine or oak savannas and wetter, shrubby plant communities growing on moist sand or peat. These habitats are typically maintained in an open
condition by periodic fires and are often dominated by longleaf pine (Pinus palustris). Rough -leaved loosestrife is typically associated with six natural
community types: low pocosin, high pocosin, wet pine flatwoods, pine savanna, stream head pocosin and sandhill seep. It is also found in peaty pond
margins and disturbed sites such as roadside depressions, powerline rights -of -way and firebreaks. There are two (2) wetland features located within the
Proposed Project. There is a palustrine forested wetland (PFO; W-1) located within the southwest section of the Proposed Project and a palustrine
forested wetland (PFO; W-2) located along the western property boundary. Both Wetland 1 and Wetland 2 would be considered Headwater Forested
Wetland. Neither of these wetlands would be considered a low pocosin, high pocosin, wet pine flatwoods, pine savanna, stream head pocosin, or a
sandhill seep. Therefore, it is believed that a biological opinion of "No Effect' should be rendered for the rough -leaved loosestrife.
Based on a review of the Proposed Project, CED believes that the Proposed Project is not likely to adversely affect any federal -listed endangered or
threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No

6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
See 5j above
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 status? *
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
Information was gathered as part of the desktop review to identify previously recorded cultural resources within a 1-mile radius of the Proposed Project.
The background review consisted of a cultural resources and literature review of the Proposed Project. Qualified personnel visited the Division of
Historical Resources, Office of State Archaeology within the North Carolina Department of Natural and Cultural Resources on October 7, 2022 to review
data for any previously recorded surveys, historic or prehistoric sites, and cemeteries located in or near the Project. Additionally, the NC Historic
Preservation Office's HPOWEB viewer, a public online database, was viewed to identify publicly available information on historic structures, historic
districts, and NRHP-listed properties located in or near the Project. Site files, relevant maps, aerial photographs, topographic maps, and the NRCS Web
Soil Survey were also examined for historical and environmental information related to the Proposed Project.
The background review, there were four surveys conducted within a 1-mile radius of the Proposed Project Area. These surveys were conducted between
1977 and 2003 for various highway, water line, and sewer line projects and were investigated by the Department of Social Science, St. Andrew College,
Robert J. Goldstein and Associates, and independent researchers, respectively.
Based on the review, there are no cultural resources documented within or adjacent (within 300-feet) to the Proposed Project area. However, there are
an additional 46 cultural resources located within a 1-mile radius of the Proposed Project area. These include 2 churches, 1 historic district, 2 schools, 3
isolated finds, 2 lithic scatters/temporary campsites, 1 unknown ceramic component site, 1 farmstead, 2 commercial buildings, 27 historic structures and
5 unknown sites. Of these, 28 are ineligible for listing on the NRHP and 18 have an unknown status.
Based on a review of the Proposed Project, CED believes that historic or archeological resources eligible for listing in the National Register of Historic
Places will not be impacted.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination? *
The Subject Property does not contain a floodplain or flood way area according to FEMA Floodplain Panel Map 3720066200J.
Miscellaneous
u
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Pre -Construction Notification - Gardner Farms.pdf 20.47MB
2023.12.05 Gardner Farms Construction Documents.pdf 150.25MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction' subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
George Buchholz
Signature
Date
12/12/2023
L