HomeMy WebLinkAbout20231691 Ver 1_Pre-Construction Notification - Gardner Farms_20231212Pre -Construction Notification
Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232
Colliers Engineering & Design Project Number: 22olo682A
December 12, 2023
Prepared for:
Meritage Homes
3300 Paramount Parkway, Suite 120
Raleigh, North Carolina 27560
Prepared by:
Colliers Engineering & Design, Inc. (DBA Maser Consulting)
2000 Regency Parkway
Suite 295
Cary, NC 27518
Main: 919-439-6082
Colliersengineering.com
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& Design
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Table of Contents
1.0 PROJECT INFORMATION................................................................... 2
2.0 PROJECT HISTORY & EXISTING CONDITIONS ..................................................
3
3.0 PROPOSED PROJECT.......................................................................
4
3.1 Purpose & Need...........................................................................
4
3.2 Alternatives Analysis........................................................................
4
3.2.1 No Action Alternative.............................................................................
4
3.2.2 Alternative Examination...........................................................................
5
3.3 Preferred Alternative (Proposed Project)........................................................
5
3.3.1 Proposed lmpocts................................................................................
6
3.4 Avoidance & Minimization....................................................................
7
4.0 SUPPORTING PROJECT INFORMATION.......................................................
9
4.1 Stormwater Management....................................................................
9
4.1.1 Planned Erosion and Sedimentation Control Practices ................................................
9
4.1.2 Stormwater Design..............................................................................
10
4.2 Threatened & Endangered Species...........................................................
10
4.3 Cultural Resources........................................................................
12
4.4 Flood Zone Designation....................................................................
13
5.0 MITIGATION.............................................................................
14
APPENDIX A -PCN FORM, AGENT AUTHORIZATION, & DWR PRE -APPLICATION SUBMISSION
APPENDIX B -ISSUED PRELIMINARY JURISDICTIONAL DETERMINATION SAW-2022-0262
APPENDIX C -APPROVED JURISDICTIONAL DETERMINATION (AJD) REQUEST
APPENDIX D -IMPACT EXHIBITS
APPENDIX E -SUPPORTING DOCUMENTS
Pre -Construction Notification I December 12, 2023 2 1 2
Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232
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EXECUTIVE SUMMARY
On behalf of Meritage Homes, Colliers Engineering & Design, Inc. (DBA Maser Consulting) (CED) is submitting
a Preconstruction Notification (PCN) for Nationwide Permit (NWP) 29 and Water Quality General Certification
4256 associated with the construction of the Gardner Farms Subdivision located at 4583 Old Buies Creek Road
in Angier, North Carolina within Harnett County (hereinafter referred to as "Proposed Project'). The Proposed
Project consists of Two (2) parcels of land located in between NC 55 and Old Buies Creek Road (State Route
1542) and can be further described as Harnett County Parcel Information Numbers (PIN): 0673-72-4977 and
0673-72-7501. The Proposed Project also includes an approximately 1.5-acre of land located on Harnett County
PIN 0673-52-9183 which is located adjacent and immediately to the west. The Proposed Project is approximately
53-acres in size and located at latitudinal coordinates 35.488742 and longitudinal coordinates-78.739828. The
Proposed Project is located approximately 1.1-miles south of Angier, North Carolina. The Proposed Project is
being considered for residential development.
The Gardner Farms Subdivision proposes a total of a total of 136 residential lots. Access to the Proposed Project
will be achieved from Old Buies Creek Road (State Route 1542). The Proposed Project will include amenities
(i.e. pedestrian walkways, landscape gardens, park, play areas, etc.), open space areas, a roadway network,
stormwater control measures (SCMs), and utility improvements (i.e. sanitary sewer, water main, electrical
powerline). 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.
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). There will
be 0.144-acres of palustrine forested wetlands (PFO) that will be temporarily impacted/permanently converted
as a result of permanently maintained 30-foot sanitary sewer easement. The sewer alignment will be open cut
and back -filled resulting in 38 linear feet (0.003-acres) of perennial stream being temporarily impacted due to
installation of the sanitary sewer. Additional impacts to Waters of the U.S. and wetlands are not proposed.
The Proposed Project is a single and complete project with appropriate land use control measures in place for
specific areas which require them.
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 total wetlands that will be temporarily impacted/permanently converted are greater than
0.10-acres; and therefore, compensatory mitigation is required. The Applicant proposes to
compensate for temporary/permanent conversion wetland impacts at a 1:1 ratio. Therefore, to
compensate for unavoidable impacts to Waters of the U.S., the Applicant proposes purchasing credits
from the NCDEQ Division of Mitigation Services (DMS) in -lieu fee mitigation program. Located in
Appendix E is an Willingness to Accept Payment letter issued by DMS on November 27, 2023.
Pre -Construction Notification I December 12, 2023
Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232
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1.0 PROJECT INFORMATION
Project Name
Gardner Farms Subdivision
Project Location
4583 Old Buies Creek Road, Angier, NC
County: Harnett
Nearest Municipality: Town of Angier
Latitude/Longitude
35.488742 /-78.739828
Project Size
+/- 53-acres
River Basin (HUC) & sub -watershed
8 Digit Hydrologic Units: 03030004; Cape Fear River Basin
Sub-watershed(s): 030300040503; West Buies Creek
Nearest Stream (onsite / offsite)
West Buies Creek; 18-18-2-(1); C
Applicant
Meritage Homes - Raleigh Division
3300 Paramount Parkway, Suite 120
Raleigh, North Carolina 27560
Attention: Chris Mehl
(919) 768-2346
Chris. Mehl@meritagehomes.com
Agent
Colliers Engineering & Design, Inc. (DBA Maser Consulting)
2000 Regency Parkway, Suite 295
Cary, NC 27518
Attention: George Buchholz
919-475-3874
george.buchholz@collierseng.com
DWR Pre -Application Submission
September 25, 2023
Date
Pre -Construction Notification I December 12, 2023
Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232
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2.0 PROJECT HISTORY & EXISTING CONDITIONS
The Gardner Farms Subdivision is located along 4583 Old Buies Creek Road in Angier, North Carolina within
Harnett County (hereinafter referred to as "Proposed Project"). The Proposed Project consists of Two (2) parcels
of land located in between NC 55 and Old Buies Creek Road (State Route 1542) and can be further described
as Harnett County Parcel Information Number (PIN): 0673-72-4977 and 0673-72-7501. The Proposed Project
also includes an approximately 1.5-acre of land located on Harnett County PIN 0673-52-9183 which is located
adjacent and immediately to the west. The Proposed Project is approximately 53-acres in size and located
at latitudinal coordinates 35.488742 and longitudinal coordinates-78.739828. The Proposed Project is located
approximately 1.1-miles south of Angier, North Carolina.
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.
On December 5, 2022, CED submitted to the U.S. Army Corps of Engineers (USACE) a Preliminary Jurisdictional
Request (PJD) and Approved Jurisdictional Determination (AJD) for Gardner Farms Subdivision on behalf of
Meritage Homes. Following this submission on December 30, 2022, the 2020 Navigable Waters Protection Rule
was vacated. It was not until January 18, 2023, that the Final Waters of the U.S. Rule was published. On May
25, 2023, the U.S. Supreme Court issued a decision regarding Waters of the US, which countered the Final
Waters of the U.S. Rule. Immediately, the Washington D.C. USACE Headquarters and the U.S. Environmental
Protection Agency (EPA) placed a "stay' on Approved Jurisdictional Determinations (AJDs), until the agencies
determined what the May 25, 2023, decision meant. On June 13, 2023, CED conducted an on -site field
confirmation meeting with the USACE (SAW-2022-0262; Katharine Elks) to review the wetland delineation that
was performed for the Gardner Farms project. Based from the results of the confirmation meeting and "stay"
directive from Washington D.C. USACE/EPA, Meritage Homes elected to only pursue a Preliminary Jurisdictional
Determination (PJD). A PJD was issued by Katherine Elks for SAW-2022-0262 on July 17, 2023 (Appendix B).
Now that the USACE has had time to determine the meaning of the May 25, 2023, U.S. Supreme
Court ruling, Meritage Homes is also requesting at this time an Approved Jurisdictional Determination (AJD) for
Pond 1 (PUB; +/- 0.55-AC). See Approved Jurisdictional Determination (AJD) Request located in Appendix C for an
AJD requesting that Pond 1 is a non -jurisdictional pond according to Section 404 of the Clean Water Act.
Pre -Construction Notification I December 12, 2023
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3.0 PROPOSED PROJECT
The Gardner Farms Subdivision project proposes a total of 136 residential lots within subdivision located
in Angier, North Carolina Access to the Proposed Project will be achieved from Old Buies Creek Road (State
Route 1542). The Proposed Project will include amenities (i.e. pedestrian walkways, landscape gardens, park, play
areas, etc.), open space areas, a roadway network, stormwater control measures (SCMs), and utility
improvements (i.e. sanitary sewer, water main, electrical powerline). The Proposed Project is an independent
and standalone project, which will contain its own public utilities which are proposed to connect to the Town of
Angier public water, sewer, and storm systems.
3.1 PURPOSE & NEED
Harnett County has been experiencing economic expansion along both the NC 55 and NC 210 corridors for
several years; and as a consequence, the County is experiencing a lack of residential accommodations due
to increased population growth. Both NC 55 and NC 210 intersect within the Town of Angier. Population
growth has greatly expanded within the Town of Angier due to the Town's location, nearby road networks, utility
infrastructure, and proximity to key employment areas.
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 its 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.
3.2 ALTERNATIVES ANALYSIS
In order to achieve the purpose and need of the Proposed Project, design alternatives were examined with the
goal of providing an appropriate residential subdivision while avoiding and minimizing impacts to streams and
wetlands located within the project site. Below is summary of the alternatives examined.
3.2.1 NO ACTION ALTERNATIVE
A "No Action" alternative is considered to be one that avoids all wetland and stream impacts. Due to the
constraints dictated by site topography and land -grading requirements, this project cannot be downsized or
shifted to avoid all jurisdictional areas and still satisfy the Proposed Project's purpose and need. Additionally,
due to the necessary area needed for a residential subdivision development, it has proven to be extremely
difficult to locate a similar project at a different location where no jurisdictional areas occur within Harnett
County.
A "No Action" decision would result negatively to the increased population growth demands that is currently
being experienced within the Harnett County, and more specifically, within the Town of Angier. In addition,
large portions of the project site have a history of disturbances from previous agriculture activities and utility
easements. Therefore, it is reasonable to assume that utilizing this project site for a residential subdivision
Pre -Construction Notification I December 12, 2023
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would be more appropriate than attempting a similar type of project on an undisturbed property. The "No
Action" alternative is not capable of achieving the basic purpose and need of the Proposed Project; and
therefore, is not a reasonable alternative.
3.2.2 ALTERNATIVE EXAMINATION
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). Alternatives that were examined included the potential expansion of residential
lots; however, these alternatives were deemed not practical since they could result in additional impacts to
a wetlands and streams. Ultimately, the alternatives were deemed not 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 located within the project site.
3.3 PREFERRED ALTERNATIVE PROPOSED PROJECT
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
powerline). 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.
Below is a discussion of each wetland and stream impact. Table 1 and Table 2 lists the proposed impacts.
Wetland Impact #1: W1
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 back -filled 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).
Stream Impact #1: S1
Pre -Construction Notification I December 12, 2023
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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 back -filled 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.
3.3.1 PROPOSED IMPACTS
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 (Appendix D). 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 back -fill 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 back -filled 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.
Table 1. Wetland Impacts
Total Temporary Wetland Impacts (AC): 0.144
Total Permanent Wetland Impact (AC): 0
Pre -Construction Notification I December 12, 2023
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Total Wetland Impacts (AC): 0.144
Table 2. Stream Impacts
Total jurisdictional ditch impacts (LF): 0
Total permanent stream impacts (LF): 0
Total temporary stream impacts (LF): 38
Total stream and ditch impacts (LF): 38
3.4 AVOIDANCE & MINIMIZATION
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; however after further analysis of these alternatives, it was determined
that there would be several impacts to Waters of U.S. and wetlands. 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.
Pre -Construction Notification I December 12, 2023
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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 rip -rap 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 Creekto 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 drainage -ways 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.
Pre -Construction Notification I December 12, 2023
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4.0 SUPPORTING PROJECT INFORMATION
4.1 STORMWATER MANAGEMENT
4.1.1 PLANNED EROSION AND SEDIMENTATION CONTROL PRACTICES
All temporary erosion and sediment control practices have been designed in accordance with the North Carolina
Department of Environmental Quality- Erosion and Sediment Control Planning and Design Manual, last modified
May 2013. The following are temporary erosion and sediment control practices for the Proposed Project:
1. Temporary Construction Entrance: Temporary gravel construction entrances will be installed at the
entrances along Old Buies Creek Drive to provide a buffer area for construction vehicles to deposit mud
and sediment to avoid transporting it onto public roads.
2. Silt Fence: Silt fence will be used in natural outfall areas to provide a barrier to any sediment leaving
the site.
3. Silt Fence Outlet: Silt fence outlets are to be used in low areas to allow a drainage point to relieve
pressure from water held behind silt fences.
4. Temporary Diversion Ditch: Temporary diversion ditches will be installed to direct water into skimmer
sediment basins and sediment traps. Diversion ditches shall be fitted with liners per the calculations
included to provide shear resistance until vegetation becomes established. Ditches shall be maintained
by the contractor until approval for removal.
5. Temporary Slope Drains: Temporary slope drains will be installed where diversion ditches enter the
sediment basin to convey runoff and to prevent erosion of the basin's slopes and to allow temporary
diversion ditches to bypass construction entrances.
6. Skimmer Sediment Basin: Two temporary skimmer sediment basins will be installed to provide a
sediment storage and settling mechanism that retains sediment and prevents sedimentation in the
surrounding area. The sediment basins will be converted to the permanent Wet Pond Stormwater
Control Measures (SCMs).
7. Sediment Basin Baffles: Baffles will be installed in the sediment basins to lengthen flow from the inlet
point to the outlet point to allow for additional setting time and improve water quality at the outlet
point.
8. Temporary Sediment Trap: Temporary sediment traps will be installed at low points to protect receiving
lakes, streams, and adjacent properties. These will capture the initial sediment runoff prior to SCM and
stormwater infrastructure installation.
9. Rip -rap Outlet Protection: Rip -rap outlet protection will be used at the outlet of all discharges into
natural ground and drainage -ways to dissipate the energy from concentrated runoff and reduce the
scour potential in vegetated areas.
10. Temporary Permanent Seeding: Temporary and permanent seeding will be used to form a dense
ground cover and to reduce soil loss from exposed slopes.
Pre -Construction Notification I December 12, 2023
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4.1.2 STORMWATER DESIGN
All stormwater calculations for the Proposed Project were based on the NCDENR Stormwater BMP Manual.
Runoff calculations were conducted using HydroCAD version 10.10-6a , utilizing the SCS method. A portion of
the stormwater and Erosion Control Narrative and Supporting Calculations for the Proposed Project is attached
in Appendix E. The proposed stormwater management design will attenuate the 1, 2, 5, 10, 25, and 100-year
post -development runoff flows to below pre -development levels for the entirety of the site.
stormwater Conveyance
stormwater runoff will be managed through a collection system consisting of curb & gutter,
drainage pipes, and rear yard swales. Runoff generated from the northern portion of the
Proposed Project will be routed to Wet Pond stormwater Control Measure (SCM) A. The runoff
generated in the Southern portion of the Proposed Project will be routed to Wet Pond SCM
B. The collection system and series of SCMs have been designed to meet the applicable
minimum design criteria set forth in the State of North Carolina stormwater Design Manual.
Peak Runoff Reduction
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 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.
stormwater Control Structure
Two Wet Ponds have been selected as the SCMs for the Proposed Project. The two SCMs have
been sized to receive runoff from the majority of the built -upon area of the project site, as
well as receive runoff from existing runoff from off -site areas.
4.2 THREATENED & ENDANGERED SPECIES
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,
Appendix E). The following are descriptions of the habitat for the species listed in the IPaC review:
Tricolored Bat (Perim.yotis sub. lavus) - 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
Uuniperus 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
Pre -Construction Notification I December 12, 2023 10 1 33
Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232
Engineering
& Design
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 mid -story 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 mid -story, 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,Justica 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 ipigtoe (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,
Pre -Construction Notification I December 12, 2023
Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232
11 1 33
Engineering
& Design
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 base flow, at best. Therefore, it is believed that a biological opinion of "No Effect" should be
rendered for the Atlantic ip•gtoe.
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 overwintering 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 (L�simachia asperulaefolia) - Endangered: All 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.
4.3 CULTURAL 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
Pre -Construction Notification I December 12, 2023 12 1 33
Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232
Engineering
& Design
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.
4.4 FLOOD ZONE DESIGNATION
The Subject Property does not contain a floodplain or flood way area according to FEMA Floodplain Panel Map
3720066200J.
Pre -Construction Notification I December 12, 2023 13 1 33
Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232
Engineering
& Design
5.0 MITIGATION
There will be a total of 0.144-acres of palustrine forested wetlands (PFO) that will be temporarily impacted/
permanently converted as a result of permanently maintained 30-foot sanitary sewer easement. Although these
forested wetlands will be impacted temporarily, these impacts will permanently convert the wetland from
forested to emergent wetland conditions. Therefore, the Applicant proposes to compensate for temporary/
permanent conversion wetland impacts at a 1:1 ratio.
All compensatory mitigation for unavoidable wetland impacts can be satisfied by purchasing credits from the
NCDEQ Division of Mitigation Services (DMS) in -lieu fee mitigation program. Located in Appendix E is
a Willingness to Accept Payment letter issued by DMS on November 27, 2023. Therefore, to compensate for
unavoidable impacts to Waters of the U.S., the Applicant proposes purchasing credits from the DMS in -lieu fee
mitigation program.
Pre -Construction Notification I December 12, 2023 14 1 33
Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232
Engineering
& Design
APPENDIX A
PCN FORM, AGENT AUTHORIZATION, & DWR PRE -
APPLICATION SUBMISSION
Pre -Construction Notification I December 12, 2023
Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232
STATE
3
u o
'tee auanv�t"k
NORTH CAROLINA
Environmental Quality
Water Resources
Office Use Only
Corps Action ID no. [Click to enter.] Date received: [Click to enter.]
DWR project no. [Click enter.] Date received: [Click to enter.]
Site Coordinates:
Latitude (DD.DDDDDD): 35.488742
Longitude (DD.DDDDDD):-78.739828
Form Version 1.5, September 2020
Pre -Construction Notification (PCN) Form
(Ver. 1.5, September 2020)
For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications
Please note: fields marked with a red asterisk * are required. The form is not considered complete until all mandatory
questions are answered.
The online help file may be found at this link:
https://edocs.deg.nc.gov/WaterResources/O/edoc/624704/PCN%2OHelp%2OFile%202018-1-30.pdf
The help document may be found at this link:
http://www.saw.usace.army. mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be
able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40
C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall
request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all
certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority
at least 30 days prior to submitting the certification request.
Attach documentation of Pre -Filing Meeting Request to this Application.
Date of Pre -filing Meeting Request (MM/DD/YYYY) *: 10/17/2022
DWR ID # 20221456 Version 1 (If applicable)
A. Processing Information
County (counties) where project is located: *
Harnett Additional (if needed).
Is this a public transportation project? *
(Publicly funded municipal, state, or federal road, rail,
❑ Yes ❑x No
or airport project)
Is this a NCDOT project? *
❑ Yes ❑x No
If yes, NCDOT TIP or state project number:
Click to enter.
If yes, NCDOT WBS number: *
Click to enter.
❑x Section 404 Permit (wetlands, streams, waters,
Clean Water Act)
1 a. Type(s) of approval sought from the Corps: *
❑ Section 10 Permit (navigable waters, tidal
waters, Rivers and Harbors Act)
Page 1 of 27 PCN Form - Version 1.5, September 2020
❑x Nationwide Permit (NWP)
1b. Permit type(s)?
❑ Regional General Permit (RGP)
❑ Standard (IP)
This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps
representative concerning submittals for standard permits. All required items can be included as separate attachments
and submitted with this form.
1 c. Has the NWP or GP number been verified by the Corps?
❑ Yes ❑x No
NWP number(s):
Believed to be NWP 29
RGP number(s):
Click to enti
1 d. Type(s) of approval sought from the DWR (check all that apply):
❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express
❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization
❑ Individual 401 Water Quality Certification
1 e. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
❑ Yes ❑x No
For the record only for Corps Permit:
❑ Yes ❑x No
1f. Is this an after -the -fact permit/certification application?
❑ Yes ❑x No
1 g. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts?
® Yes ❑ No
If yes, attach the acceptance letter from mitigation bank or in -lieu fee program.
1 h. Is the project located in any of NC's twenty coastal counties?
❑ Yes ❑x No
1 i. Is the project located within an NC DCM Area of Environmental
Concern (AEC)?
❑ Yes ❑x No ❑ Unknown
1j. Is the project located in a designated trout watershed?
❑ Yes ❑x No
If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office.
Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-
Program/Agency-Coordination/Trout.aspx
Page 2 of 27 PCN Form - Version 1.5, September 2020
B. Applicant Information
1a.
Who is the primary contact?
Meritage Homes — Raleigh Division (Attn: Chris
Mehl)
1 b.
Primary Contact Email:
Chris.Mehl@meritagehomes.com
1 c.
Primary Contact Phone: (###)###-####
(919)768-2346
1 d.
Who is applying for the permit/certification? * (check
❑ Owner 0 Applicant (other than owner)
all that apply)
1 e.
Is there an agent/consultant for this project?*
® Yes ❑ No
2.
Landowner 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.
Responsible Party (for corporations):
Click to enter.
2d.
Address
Street Address:
4305 Old Buies Creek Road
Address line 2:
Click to entE
City:
Angier
State/ Province/ Region:
NC
Postal/ Zip Code:
27501
Country:
USA
2e.
Telephone Number: (###)###-####
Click to enter.
2f.
Fax Number: (###)###-####
Click to enter.
2g.
Email Address:
Click to enter.
3.
Applicant Information (if different from owner)
3a.
Name:
Chris Mehl
3b.
Business Name (if applicable):
Meritage Homes - Raleigh Division
3c.
Address:
Street Address:
3300 Paramount Parkway
Address line 2:
Suite 120
City:
Raleigh
State/ Province/ Region:
North Carolina
Postal/ Zip Code:
27560
Country
USA
3d.
Telephone Number: (###)###-####
919-768-2346
Page 3 of 27 PCN Form - Version 1.5, September 2020
3e
Fax Number: (###)###-####
Click to enter
3f.
Email Address:
Chris.Mehl@meritagehomes.com
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
State/ Province/ Region:
NC
Postal/ Zip Code:
27518
Country:
USA
4d.
Telephone Number: (###)###-####
(919)475-3874
4e
Fax Number: (###)###-####
C:lirk to ant
4f.
Email Address:
George.buchholz@colliersengineering.com
Agent Authorization Letter:*
Attach a completed/signed agent authorization form or letter. A sample form may be found at this link:
https://www.saw.usace.army. mil/Missions/Reg ulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Page 4 of 27 PCN Form - Version 1.5, September 2020
C. Project Information and Prior Project History
1. Project Information
1 a. Name of project: *
Gardner Farms Subdivision
1 b. Subdivision name (if appropriate):
Click to enter.
1c. Nearest municipality/town: *
Town of Angier
2.
Project Identification
2a.
Property identification number (tax PIN or parcel ID):
0673-72-4977, 0673-72-7501, and 0673-52-9183
2b.
Property size (in acres):
+/- 53
2c.
Project Address:
Street Address:
4583 Old Buies Creek Road
Address line 2:
Click to enter.
City:
Town of Angier
State/ Province/ Region:
NC
Postal/ Zip Code:
Click to enter.
Country:
USA
2d.
Site coordinates in decimal degrees (using 4-6 digits
after the decimal point): *
Latitude (DD.DDDDDD): * 35.488742
Longitude (-DD.DDDDDD): *--78.739828
3. Surface Waters
3a. Name of nearest body of water to proposed project: *
West Buies Creek
3b. Water Resources Classification of nearest receiving
C
water: *
The Surface Water Classification map may be found at this link:
httr)s:Hncdenr.maps.arcqis.com/apes/webappviewer/index.html?id=6el 25ad7628f494694e259c80dd64265
Cape Fear
3c. In what river basin(s) is your project located?
Choose additional (if needed)
3d. Please provide the 12-digit HUC in which the project is
030300040503
located: *
The Find Your HUC map may be found at this link:
https:Hncdenr.maps.arcqis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3
Page 5 of 27 PCN Form - Version 1.5, September 2020
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
❑ Yes ❑x No ❑ Unknown
project (including all prior phases) in the past? *
4c.
If yes, please give the DWR Certification number and/or Corps
[Click to enter.]
Action ID (ex. SAW-0000-00000):
jClick to enter.]
Attach any pertinent project history documentation
4d.
Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of
the project site.
4e.
Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map
depicting the project site.
4f.
List the total estimated acreage of all existing wetlands on the
0.993 acres
property:
4g.
List the total estimated linear feet of all existing streams (intermittent
325 linear feet
and perennial) on the property:
4g1.
List the total estimated acreage of all existing open waters on the
0.551 acres
property:
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.
Page 6 of 27 PCN Form - Version 1.5, September 2020
4i. Describe the overall project in detail, including 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 powerline). 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.
4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or in
® Yes ❑ No ❑ Unknown
proposed impact areas?
Page 7 of 27 PCN Form - Version 1.5, September 2020
Comments:
On December 5, 2022, CED submitted to the U.S. Army Corps of Engineers (USACE) a Preliminary Jurisdictional
Request (PJD) and Approved Jurisdictional Determination (AJD) for Gardner Farms Subdivision on behalf of Meritage
Homes. Following this submission on December 30, 2022, the 2020 Navigable Waters Protection Rule was vacated. It
was not until January 18, 2023 that the Final Waters of the U.S. Rule was published. On May 25, 2023 the U.S.
Supreme Court issued a decision regarding Waters of the US, which countered the Final Waters of the U.S.
Rule. Immediately, the Washington D.C. USACE Headquarters and the U.S. Environmental Protection Agency (EPA)
placed a "stay" on Approved Jurisdictional Determinations (AJDs), until the agencies determined what the May 25,
2023 decision meant. On June 13, 2023, CED conducted an on -site field confirmation meeting with the USACE (SAW-
2022-0262; Katharine Elks) to review the wetland delineation that was performed for the Gardner Farms project. Based
from the results of the confirmation meeting and "stay" directive from Washington D.C. USACE/EPA, Meritage Homes
elected to only pursue a Preliminary Jurisdictional Determination (PJD). A PJD was issued by Katherine Elks for SAW-
2022-0262 on July 17, 2023.
Name (if known): George Buchholz
5b. If 5a is yes, who delineated the jurisdictional
Agency/Consultant Company: Colliers Engineering and
areas?
Design
Other: Click to enter.
5c. If the Corps made a jurisdictional determination,
❑x Preliminary ❑ Approved ❑ Emailed Concurrence
what type of determination was made? *
❑ Not Verified ❑ Unknown
Corps AID number (ex. SAW-0000-00000):
SAW-2022-0262
5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by
either agency.
June 13, 2023
5d1. Attach jurisdictional determinations.
Page 8 of 27 PCN Form - Version 1.5, September 2020
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑x No
6b. If yes, explain.
Click to enter.
Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize
any part of the proposed project or related activity? This includes other separate and distant crossings for linear
projects that require Department of the Army authorization but don't require pre -construction notification.
No
Page 9 of 27 PCN Form - Version 1.5, September 2020
D. Proposed Impacts Inventory
Impacts Summary
❑x Wetlands ❑x Streams - tributaries
1 a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters
(check all that apply):
❑ Pond Construction
2.
Wetland Impacts
If there are wetland impacts proposed on the site, complete this table for each wetland area impacted.
2a.
2a1.
2b.
2c.
2d.
2e.
2f.
2g.
Site #*
Impact
Impact
Wetland Name*
Wetland Type*
Forested
Jurisdiction
Impact Area
Reason/Type*
Duration*
?*
Type*
(ac)*
W1
Mechanized
Temporary
W-2
Headwater
Yes
Both
0.144
Clearing
Forest
W2
Choose one
Temp/
Click to enter
Choose one
Y/N
Choose one
Click to
Perm
enter
W3
Choose one
Temp/
Click to enter
Choose one
r/N
Choose one
Click to
Perm
enter
W4
Choose one
Temp/
Click to enter
Choose one
/N
Choose one
Click to
Perm
enter
W5
Choose one
Temp/
Click to enter
Choose one
r /N
Choose one
Click +,
Perm
ente,
W6
Choose one
Temp/
Click to enter
Choose one
"/N
Choose one
Click t^
Perm
ent(
2g1.
Total temporary wetland impacts
0.144 ac
2g2.
Total permanent wetland impacts
0 ac
2g3.
Total wetland impacts
0.144 ac
2h.
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).
Page 10 of 27 PCN Form - Version 1.5, September 2020
3.
Stream Impacts
If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site,
complete this table for all stream/ tributary sites impacted.
** All Perennial or Intermittent streams must be verified by DWR or delegated local government
Site #*
3a.
Impact Reason/
Type*
3b.
Impact
Duration'
3d.
Stream Name*
3e.
Stream
Type*
3f.
Jurisdiction
Type*
3g.
Stream Width
(avg ft) *
3h.
Impact length
(linear ft)
S1
Other
Temporary
S-1
Perennial
Both
3
38
S2
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S3
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S4
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S5
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S6
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S7
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S8
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S9
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S10
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S11
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S12
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S13
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S14
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S15
;hoose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
3i1.
Total jurisdictional ditch impact:
0 linear ft
3i2.
Total permanent stream impacts:
0 linear ft
M.
Total temporary stream impacts:
38 linear ft
34.
Total stream and ditch impacts:
38 linear ft
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.
Page 11 of 27 PCN Form - Version 1.5, September 2020
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., individually list all open water impacts
in the table below.
4a.
4b.
4c.
4d.
4e.
4e1.
4f.
Site #*
Impact Reason/
Impact
Waterbody Name*
Waterbody
Jurisdiction
Impact area (ac)*
Type*
Duration*
Type*
Type*
01
Choose one
Temp
Click to enter.
Choose one
Choose one
Click to enter.
Perm
02
Choose one
Temp/
Click to enter.
Choose one
Choose one
Click to enter.
Perm
03
Choose one
Temp/
Click to enter.
Choose one
Choose one
Click to enter
Perm
04
Choose one
Temp/
Click to enter.
Choose one
Choose one
Click to enter
Perm
4g.
Total temporary open water impacts
Click to enter. ac
4g.
Total permanent open water impacts
Click to enter. ac
4g.
Total open water impacts
Click to enter. ac
4h.
Comments:
Click to enter.
5.
Pond or Lake Construction
If pond or lake construction is proposed, complete the table
below. (*This
does NOT include offline stormwater
management ponds.)
5a.
5b.
5c.
5d.
5e.
Pond ID
Proposed use or
Wetland Impacts (ac)
Stream
Impacts (ft)
Upland
#
purpose of pond
Impacts (ac)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
P2
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
5f.
Total
Click to
Click to
Click to
Click to
Click to
Click to
Click t-
enter.
enter.
enter.
enter.
enter.
enter.
ente
5g.
Comments:
Click to enter.
5h.
Is a dam high hazard permit required?
❑ Yes ❑ No
If yes, permit ID no.:
Click to enter.
5i.
Expected pond surface area (acres):
Click to enter.
5j.
Size of pond watershed (acres):
Click to enter.
5k.
Method of construction:
Click to enter.
Page 12 of 27 PCN Form - Version 1.5, September 2020
6. Buffer Impacts (DWR requirement)
If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts.
6a. Project is in which protected basin(s)?
(Check all that apply.)
❑ Neuse ❑ Tar -Pamlico ❑ Catawba
❑ Jordan ❑ Goose Creek ❑ Randleman
❑ Other: Click to ente
Site #*
6b.
Impact Type*
6c.
Impact Duration*
6d.
Stream Name*
6e.
Buffer
Mitigation
Required?*
6f.
Zone 1 Impact*
(sq ft)
6g.
Zone 2 Impact*
(sq ft)
131
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter
B2
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter
B3
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter
B4
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter
B5
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B6
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B7
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B8
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B9
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B10
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
6h. Total temporary impacts:
Zone 1: Click to enter sq ft
Zone 2: Click to enter. sq ft
6h. Total permanent impacts:
Zone 1: Click to enter sq ft
Zone 2: Click to enter. sq ft
6h. Total combined buffer impacts:
Zone 1: Click to enter sq ft
Zone 2: Click to enter. sq ft
6i. Comments:
Click to enter.
Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project.
Page 13 of 27 PCN Form - Version 1.5, September 2020
E. Impact Justification and Mitigation
1. Avoidance and Minimization
Page 14 of 27 PCN Form - Version 1.5, September 2020
1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: *
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 flood -plains
Page 15 of 27 PCN Form - Version 1.5, September 2020
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.
1 b. Specifically describe measures taken to avoid or minimize 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., Waters of the State, or Riparian Buffers
2a. If compensatory mitigation is required, by whom is it required? * ❑ DWR ❑x Corps
(check all that apply)
2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank
project? * (check all that apply) ❑x In Lieu Fee Program
❑ Permittee Responsible Mitigation
3. Complete if using a Mitigation Bank
(Must satisfy NC General Statute143-214.11 (d1).)
3a. Name of mitigation bank:
Click to enter.
3b. Credits purchased/requested:
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Attach receipt and/or approval letter.
3c. Comments:
4.
Complete if Using an In Lieu Fee Program
4a.
Attach approval letter from in lieu fee program.
4b.
Stream mitigation requested:
Click to enter. linear feet
4c.
If using stream mitigation, what is the stream temperature:
Choose one
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District's RIBITS website: (Please use the filter and select Wilmington district)
httgs://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO: RP:P27 BUTTON KEY:O
Page 16 of 27 PCN Form - Version 1.5, September 2020
4d. Buffer mitigation requested (DWR only):
Click to enter. square feet
4e. Riparian wetland mitigation requested:
0.144 acres
4f. Non -riparian wetland mitigation requested:
Click to enter. acres
4g. Coastal (tidal) wetland mitigation requested:
Click to enter. acres
4h. Comments:
See attached November 27, 2023 Willingness to Accept letter from NC DMS.
5. Complete if Providing a Permittee Responsible Mitigation Plan
5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan,
including the amount of mitigation proposed.
Click to enter.
5b. Attach mitigation plan/documentation.
6.
Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement
6a.
Will the project result in an impact within a protected riparian buffer
❑ Yes ❑x No
that requires buffer mitigation?
If yes, please complete this entire section — please contact DWR for more information.
6b.
If yes, identify the square feet of impact to each zone of the riparian buffer that requires
mitigation. Calculate the
amount of mitigation required in the table below.
6c.
6d.
6e.
Zone
Reason for impact
Total impact (square
Multiplier
Required mitigation
feet)
(square feet)
Zone 1
Click to enter.
Click to enter.
Choose one
Click to enter.
Zone 2
Click to enter.
Click to enter.
Choose one
Click to enter.
6f. Total buffer mitigation required
Click to enter.
6g.
If buffer mitigation is required, is payment to a mitigation bank or
❑ Yes ❑ No
NC Division of Mitigation Services proposed?
6h.
If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services.
6i.
Comments:
Click to enter.
Page 17 of 27 PCN Form - Version 1.5, September 2020
F. Stormwater Management and Diffuse Flow Plan (DWR requirement)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers
❑ Yes ❑x No
identified within one of the NC Riparian Buffer Protection Rules?
1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the
project is subject to a state implemented riparian buffer protection program, include a plan that fully documents
how diffuse flow will be maintained.
All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design
Manual (https://deg.nc..qov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit-
guidance/stormwater-bmp-manual).
Associated supplement forms and other documentation must be provided.
❑ Level Spreader
What Type of SCM are you
❑ Vegetated Conveyance (lower seasonal high water table- SHWT)
providing?
❑ Wetland Swale (higher SHWT)
(Check all that apply)
0 Other SCM that removes minimum 30% nitrogen
❑ Proposed project will not create concentrated stormwater flow through the
buffer
For a list of options to meet the diffuse flow requirements, click here:
Attach diffuse flow documentation.
2. Stormwater Management Plan
2a. Is this an NCDOT project subject to compliance with NCDOT's
Individual NPDES permit NCS000250? *
El Yes 0 No
2b. Does this project meet the requirements for low density projects as
defined in 15A NCAC 02H .1003(2)? *
❑ Yes 0 No
To look up low density requirements, click here:
http://reports.oah. state. nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20-
%20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf
2c. IS the project over an acre?
0 Yes ❑ No
2d. Does this project have a stormwater management plan (SMP)
reviewed and approved under a state stormwater program or state-
0 Yes ❑ No
approved local government stormwater program? *
Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented
stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of
community in -lieu programs should answer "no" to this question.
2e. Which of the following stormwater management program(s) apply?
0 Local Government
(Check all that apply) *
❑ State
If you have local government approval, please include the SMP on their overall impact map.
Page 18 of 27 PCN Form - Version 1.5, September 2020
❑ Phase II ❑ USMP
Local Government Stormwater Programs
❑x NSW ❑ Water Supply
Please identify which local government stormwater program you are using.
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.
❑ Phase 11 ❑ HQW or ORW
State Stormwater Programs
❑ Coastal Counties ❑ Other
Comments:
Click to enter.
Page 19 of 27 PCN Form - Version 1.5, September 2020
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local)
❑ Yes ❑x No
funds or the 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 (North Carolina) Environmental
El Yes El No
Policy Act (NEPA/SEPA)?
1 c. 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
❑ Yes ❑ No
NEPA or SEPA final approval letter.)
Comments:
Click to enter.
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), ❑ Yes ❑x No
DWR Surface Water or Wetland Standards or Riparian Buffer Rules
(15A NCAC 2B .0200)?
2b. If you answered "yes" to the above question, provide an explanation of the violation(s)
;lick to enter.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future
impacts) result in additional development, which could impact nearby
❑ Yes ❑x No
downstream water quality?
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.
3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent
DWR policy.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? I ❑ Yes ❑x No ❑ N/A
4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater
generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity
available at that plant.
The Proposed Project is an independent and stand alone project which will contain it's own public utilities which are
proposed to connect to the Town of Angier public water, sewer, and storm systems.
Page 20 of 27 PCN Form - Version 1.5, September 2020
5.
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a.
Will this project occur in or near an area with federally protected
❑ Yes ❑x No
species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl)
5b.
Have you checked with the USFWS concerning Endangered Species
❑ Yes ❑x No
Act impacts? *
5c.
If yes, indicate the USFWS Field Office you have contacted.
Choose one
5d.
Is another federal agency involved? *
❑ Yes ❑x No ❑ Unknown
If yes, which federal agency?
Click to enter.
5e.
Is this a DOT project located within Divisions 1-8? *
❑ Yes ❑x No
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 ❑x No
Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-
SLOPES&apps.pdf
5h.
Does this project involve the construction/ installation of a wind
turbine(s)? *
❑ Yes ❑x No
If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf)
5i.
Does this project involve blasting and /or other percussive activities
that will be conducted by machines, such as jackhammers,
❑ Yes ❑x No
mechanized pile drivers, etc.? *
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this
activity on the property (attach .pdf)
Page 21 of 27 PCN Form - Version 1.5, September 2020
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated
Critical Habitat? x
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
Page 22 of 27 PCN Form - Version 1.5, September 2020
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 saltwater. 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, Justica 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
overwintering 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.
Page 23 of 27 PCN Form - Version 1.5, September 2020
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 (Pious 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 I 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.
Attach consultation documentation.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as
an Essential Fish Habitat?
❑ Yes
❑x No
Are there submerged aquatic vegetation (SAV) around
the project vicinity?
El Yes
❑x No El Unknown
Will this project affect submerged aquatic vegetation?
❑ Yes
❑x No ❑ Unknown
Explain:
';lick to enter
6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat?
See 5j above
Page 24 of 27 PCN Form - Version 1.5, September 2020
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data):
htti)://ciis.ncdcr.ciov/hi)oweb/
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural
❑ Yes ❑x No
preservation status (e.g., National Historic Trust designation or
properties significant in North Carolina history and archaeology)?
7b. What data source(s) 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
Proj ect.
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.
7c. Attach historic or prehistoric documentation.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.,qov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑x No
8b. If yes, explain how the project meets FEMA requirements.
Click to enter.
Page 25 of 27 PCN Form - Version 1.5, September 2020
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.
Page 26 of 27 PCN Form - Version 1.5, September 2020
H. Miscellaneous
Comments:
f lirl, 4n cnfcr
Attach pertinent documentation or attachments not previously requested
I. Signature *
❑x By checking the box and signing below, I, as the project proponent, certify to the following:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to
the best of my knowledge and belief;
• 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;
• The project proponent hereby agrees 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");
• The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66,
Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby understands that an electronic signature has the same legal effect and can be
enforced in the same way as a written signature; AND
• As the project proponent, I intend to electronically sign and submit the PCN/online form.
Full Name: George Buchholz
Signature: 1-11 .R lV CI IICI.
Date: 12/12/2023
Page 27 of 27 PCN Form - Version 1.5, September 2020
2000 Regency Parkway
Suite 295
Cary North Carorina 27518
Main: 877 627 3772
PROPERTY OWNER CERTIFICATION FORM
Name: Kenneth Dale and Debra Anne Gardner
Address: 4144 Old Buies Creek Road, Angier, North Carolina 27501
Phone:
Email:
Project Name/Description: Gardner Farms
Project Number: 22010682A Project manager- Tanner Dickson
Date: September 14, 2022
Re: Property Owner Certification
To Whom it May Concern:
Engineering
& Design
By signing below, you are indicating that you have the authority, or are acting as the duly authorized agent of a
person or entity with such authority, to and do hereby grant Corps personnel right of entry to legally access the
site if needed to perform the JD. Your signature shall be an affirmation that you possess the requisite property
rights to request a]D on the subjectt property.
A
Property Owner (please print) Property Owner Signature
Date
Maser Consulting is now Colliers Engineering & Design
Accelerating success.
r
2000 Regency Parkway
Suite 295
Cary North Carolina 27518
Main: 877 627 3772
Engineering
& Design
PROPERTY OWNER CERTIFICATION FORM
[Name: Daniel W. Jr. and Janet Frazier Gardner
Address: 4305 Old Buies Creek Road, Angier, North Carolina 27501
Phone:
Email:
Project Name/Description: Gardner Farms
Project Number: 22010682A Project Manager: Tanner Dickson
Date: September 14, 2022
Re: Property Owner Certification
To Whom it May Concern:
By signing below, you are indicating that you have the authority, or are acting as the duly authorized agent of a
person or entity with such authority, to and do hereby grant Corps personnel right of entry to legally access the
site if needed to perform the JD. Your signature shall be an affirmation that you possess the requisite property
rights to request a JD on the subject property. Ui��Ll��
Js�n� F-V16- LeQ - G c rAN-C—V-
Property Owner (please print) Property Owner Signature
I�-1 raga,
Date
Maser Consulting is now Colliers Engineering & Design
Accelerating success.
2000 Regency Parkway
Suite 295
Cary North Carolina 27518
Main: 877 627 3772
Engineering
& Design
Name: Clinton L. Adams
Address
Phone:
Email:
PROPERTY OWNER CERTIFICATION FORM
469 Tippett Road Angier, NC 27501
Project Name/Description: Gardner Farms Sewer Line Easement
Project Number: 22010682A Project Manager: Tanner Dickson
Date: September 14, 2022
Re: Property Owner Certification
To Whom it May Concern:
By signing below, you are indicating that you have the authority, or are acting as the duly authorized agent of a
person or entity with such authority, to and do hereby grant Corps personnel right of entry to legally access the
site if needed to perform the JD. Your signature shall be an affirmation that you possess the requisite property
rights to request a JD on the subject property.
Property Owner (please print) Property Owner Signature
MOM
Date
Maser Consulting is now Colliers Engineering & Design
Accelerating success.
2000 Regency Parkway
Suiteu95
Cary North Carolina z/s10
mam� �8r7627377J
Engineering
& Design
AGENT AUTHORIZATION FORM
Name: Meritage Homes
Address: 33O0Paramount p mw Suite 120Raleigh, NC 2/560
Phone: 919'926'2688
Email: Greg.hoff@meritagehomes.com
Project Name/Description: Gardner Farms
Project Number: 22010682x Project manager: George Buchholz
Date: September 14, 2022
Re: Wetlands Related Consulting and Permitting
To Whom it May Concern:
1, the undersigned, hereby designate and authorize Colliers Engineering and Design to act in my behalf as my
agent in the processing of jurisdictional determinations and permit applications, to furnish upon request
supplemental information insupport ofapplications, etc. from this day forward.
This notification supersedes any previous correspondence concerning the agent for this project.
This authorization,for liability and professional courtesy re s, isvalid only for government officials
to enter the property when accompanied by Colliers Engineerin nd D sign staff.
Print
Date
Maser Consulting is now Colliers Engineering & Design
Accelerating success. ------
From:
401PreFile
To:
Georae Buchholz
Subject:
Automatic reply: [External] 401/Buffer Pre -filing Meeting Request
Date:
Monday, September 25, 2023 5:38:08 PM
This message originated from outside your organization
This email confirms receipt of your pre -filing meeting request. Please retain this email for your
records and submit this documentation as part of your 401 application (PCN Application) as
required by federal law. DWR will not be able to accept your application without this federally
required documentation. 401 applications received without documentation that a pre -filing
meeting request was submitted at least 30 days prior will be returned as incomplete.
Responses to this email are not monitored.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of
staff contact list(s).
For Non -Transportation Central Staff:
httl2s://deq.nc.gov/about/divisions/water-resources/water-quality_permitting/401-buffer-
permitting/401-buffer-permitting-contacts
For Non -Transportation Regional
Staff: httl2s://edocs.deq.nc.gov/WaterResources/DocView.asl2x?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/transportation-
permitting/staff-contacts
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.
Engineering
& Design
APPENDIX B
ISSUED PRELIMINARY JURISDICTIONAL DETERMINATION
SAW-2022-0262
Pre -Construction Notification I December 12, 2023
Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232
Electronic Transmittal
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-0262 County: Harnett U.S.G.S. Quad: NC -Coats
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Meritage Homes
Lou Weilacher
Address: 3300 Paramount Parkway, Suite 120
Morrisville, NC 27560
Telephone Number: 814-881-8706
E-mail: Lou.Weilacher(&meritagehomes.com
Size (acres) 53 acres Nearest Town Angier
Nearest Waterway West Buies Creek River Basin Cane Fear
USGS HUC 03030004 Coordinates Latitude: 35.488742
Longitude:-78.739828
Location description: The project is located on the west side of Old Buies Creek Road approximately 0.35 of a mile south of the
intersection with Highway 55, near Angier, Harnett County, North Carolina. PINs: 0673-72-4977 & 0673-72-7501
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 6/16/2023. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
Page 1 of 2 Form Version 10 June 2020 updated
SAW-2022-0262
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Katharine Elks at (910) 251-4567 or
katharine.b.elks(&usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 07/17/2023.
D. Remarks: None
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
Phone: (404) 562-5136
AND
PHILIP.A. SHANNINgUSACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
SAW-2022-0262
Corps Regulatory Official:
Katharine C I kS Digitally signed by Katharine Elks
C Date: 2023.07.17 09:26:01-04'00'
Date of JD: 07/17/2023 Expiration Date of JD: Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
hiips://re ug lator,�.ops.usace.army.mil/customer-service-survey/.
Copy Furnished:
George Burchholz, Colliers Engineering and Design (agent)
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«
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant-
Merita2e Homes, Lou Weilacher
File Number: SAW-2022-0262
Date: 07/17/2023
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL WITHOUT PREJUDICE
C
❑
PERMIT DENIAL WITH PREJUDICE
D
❑
APPROVED JURISDICTIONAL DETERMINATION
E
❑x
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-
Program-and-Permits/appeals/
or Corps regulations at 33 CFR Part 331.
A:
INITIAL PROFFERED PERMIT: You may accept or object to the permit
•
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the
district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept
the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the
LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,
including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
•
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions
therein, you may request that the permit be modified accordingly. You must complete Section II of this
form and return the form to the district engineer. Upon receipt of your letter, the district engineer will
evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the
permit to address some of your objections, or (c) not modify the permit having determined that the
permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B:
PROFFERED PERMIT: You may accept or appeal the permit
•
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the
district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept
the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the
LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,
including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
•
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms
and conditions therein, you may appeal the declined permit under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the
division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local
authorization and/or certification has been denied for activities which also require a Department of the
Army permit before final action has been taken on the Army permit application. The permit denial without
prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of
the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or
local agency on a previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial
You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be
received by the division engineer within 60 days of the date of this notice.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps
within 60 days of the date of this notice means that you accept the approved JD in its entirety and
waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
Engineers Administrative Appeal Process by completing Section II of this form and sending the form to
the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that
justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal
process. You may submit a request for appeal to the division engineer to preserve your appeal rights
while the district is determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not
appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the
Corps district for further instruction. Also, you may provide new information for further consideration by the
Corps to reevaluate the JD.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you
If you have questions regarding the appeal process,
may contact:
or to submit your request for appeal, you may
District Engineer, Wilmington Regulatory Division
contact:
Attn: Katharine Elks
Philip Shannin
Wilmington Regulatory Office
Regulatory Appeals Review Officer
U.S Army Corps of Engineers
South Atlantic Division
69 Darlington Avenue
60 Forsyth St SW, Floor M9
Wilmington, North Carolina 28403
Atlanta, Georgia 30303-8803
OhiliP.A.Shan nin2(a)-usace.army.mi1
404-562-5136
SECTION 11 — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary.
You may attach additional information to this form to clarify where your reasons or objections are
addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that
the review officer has determined is needed to clarify the administrative record. Neither the appellant nor
the Corps may add new information or analyses to the record. However, you may provide additional
information to clarify the location of information that is already in the administrative record.
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and
any government consultants, to conduct investigations of the project site during the course of the appeal
process. You will be provided a 15-day notice of any site investigation and will have the opportunity to
participate in all site investigations.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent:
Telephone number:
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 07/17/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Meritage Homes, Lou Weilacher, 3300
Paramount Parkway, Suite 120, Morrisville, NC 27560
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Gardener Farm Subdivision,
SAW-2022-0262
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located on the west
side of Old Buies Creek Road approximately 0.35 of a mile south of the intersection with Highway 55, near
Angier, Harnett County, North Carolina. PINS: 0673-72-4977 & 0673-72-7501
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Harnett City: Angier
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.488742 Longitude:-78.739828
Universal Transverse Mercator:
Name of nearest waterbody: West Buies Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 6/13/2023
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
W-1
35.487796
-78.741439
0.078 ac
Wetland
Section 404
W-2
35.488876
-78.743796
0.916 ac
Wetland
Section 404
S-1
35.488916
-78.43887
325 LF
Non -wetland
Section 404
waters
Pond 1
35.488024
-78.741034
0.55 ac
Non -wetland
Section 404
waters
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
■❑ U.S. Geological Survey Hydrologic Atlas: 03030004
❑ USGS NHD data.
0 USGS 8 and 12 digit HUC maps.
■❑ U.S. Geological Survey map(s). Cite scale & quad name:
Coats, NC; 1" = 2,000'
■❑ Natural Resources Conservation Service Soil Survey. Citation: Harnett County
■❑ National wetlands inventory map(s). Cite name: Coats, NC
❑ State/local wetland inventory map(s):
■❑ FEMA/FIRM maps: 3720066200J
❑ 100-year Floodplain Elevation is:
■❑ Photographs: ■❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
(National Geodetic Vertical Datum of 1929)
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Katharine Elks Digitally signed by Katharine Elks
Date' 7n74 (17.17 n9J6 S1-04'00'
Signature and date of
Regulatory staff member
completing PJD
George Buchholz, 07/12/2023
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.
Engineering
& Design
APPENDIX C
APPROVED JURISDICTIONAL DETERMINATION (AJD)
REQUEST
Pre -Construction Notification I December 12, 2023
Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232
2000 Regency Parkway Suite 295 Cary North Carolina 27518
Main: 877 627 3772
Engineering
& Design
December 12, 2023
U.S. Army Corps of Engineers, Wilmington District
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, INC 28403
Approved Jurisdictional Determination (AJD) Request
Gardner Farms Subdivision
Colliers Engineering & Design Project No. 22010682A
Dear Katherine Elks,
Meritage Homes is requesting an Approved Jurisdictional Determination (AJD) for the Gardner Farms
Subdivision. On September 16, 2022, Colliers Engineering & Design (CED) conducted field delineations for the
Gardner Farms Subdivision which is located at 4583 Old Buies Creek Road in Angier, INC within Harnett County,
North Carolina (hereinafter referred to as "Subject Property"). The Subject Property is comprised of two (2)
parcels of land located in between INC 55 and Old Buies Creek Road (State Route 1542) that can be further
described as Harnett County Parcel Information Numbers (PINS): 0673-72-4977 and 0673-72-7501. The Subject
Property also includes an approximately 1-acre of land located on Harnett County PIN 0673-52-9183 which is
immediately adjacent to the west of PIN 0673-72-4977. On June 13, 2023 CED conducted on -site field
confirmations with the USACE (SAW-2022-0262). Subsequently, a prelim inary jurisdictional determination was
issued. Meritage Homes is now requesting an Approved Jurisdictional Determination (AJD) for the +/- 0.551-acre
pond located at approximately 35.488024,-78.741034.
Attached for your review is the Request for Corps Jurisdictional Determination OD) Form, Approved
Jurisdictional Determination (AJD) Form, Aquatic Resources table, Property Owner Certification Forms, Agent
Authorization Form, and the Wetland Delineation exhibits Figure 4.1 through Figure 4.3. At this time, Meritage
Homes is requesting an AJD for the Gardner Farms Subdivision. If you should have any comments, questions,
or concerns; please feel free to contact me at george.buchholz@collierseng.com or at 919-475-3874.
Sincerely,
Colliers Engineering & Design
George Buchholz, REM, PWS
Geographic Discipline Leader
cc: Chris Mehl, Meritage Homes
RAProjects\2022\22010682A- Gardner Farms\Reports\Ecological\JD\AJD Request
Maser Consulting is now Colliers Engineering & Design
Accelerating success.
urisdictional Determination Reauest
US Army Corps
of Engineers.
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: (828) 271-7980
Fax Number: (828) 281-8120
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: (919) 554-4884
Fax Number: (919) 562-0421
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: (910) 251-4610
Fax Number: (252) 975-1399
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: (910) 251-4025
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants, or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 4583 OLD BUIES CREEK RD
City, State: Angier, NC
County: Harnett
Parcel Index Number(s) (PIN): 0673-72-4977 & 0673-72-7501
B. REQUESTOR INFORMATION
Name: Georqe Buchholz, REM, PWS
Mailing Address: 2000 Regency Pkwy, Ste 295
Cary, NC 27518
Telephone Number: 919-439-6082
Electronic Mail Address: gbuchholz@maserconsulting.com
Select one:
❑ I am the current property owner.
❑ I am an Authorized Agent or Environmental Consultanti
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: see Property Owner Authorizations
Mailing Address: see Parcel Reports
Telephone Number:
Electronic Mail Address:
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2
Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
George Buchholz, REM, PWS
Print Name
Capacity: ❑ Owner ❑✓ Authorized Agents
November 9, 2023
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
7 I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
Jurisdictional Determination Request
F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One)
❑ I am requesting that the Corps provide a preliminM JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
✓❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
❑ Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area +/- 53 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4
Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
35.488742 N
Longitude:-78.739828 W
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5
Jurisdictional Determination Request
F4Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDS• please complete an Approved Jurisdictional Determination Form'.
Vicinity Map
Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
hJ Other Assessment Forms
' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf
8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6
9/2/22, 1:04 PM
Harnett County Parcel Report
,,� --, Harnett
'� C 0 U INTY
NORTH CAROLINA
Harnett County GIS
PID: 040673 0032
Building Value: $0
PIN: 0673-72-4977.000
Parcel Outbuilding Value: $3430
Account Number: 1500007692
Parcel Land Value: 327080
Owner: GARDNER DANIEL W JR & GARDNER JANET FRAZIER
Market Value: $330510
Mailing Address: 4305 OLD BUIES CREEK ROAD ANGIER, NC 27501
Deferred Value: $252280
Physical Address: 4583 OLD BUIES CREEK RD ANGIER, NC 27501 ac
Total Assessed Value: $78230
Description: 24.26 AC GARDNER MINOR S/D MAP#2022-408
Zoning: R-10 Residential - 0.0 acres (0.0%), RA-30 RESIDENTIAL AGRICULTURAL - 24.36 acres (100.0%)
Surveyed/Deeded Acreage: 24.36
Zoning Jurisdiction: Angier
Calculated Acreage: 24.36
Wetlands: Yes
Deed Date: 1360645200000
FEMA Flood: Minimal Flood Risk
Deed Book/Page: 3083 - 0913
Within 1mi of Agriculture District: Yes
Plat(Survey) Book/Page: 2022 - 408
Elementary School: Angier Elementary
Last Sale: 2013 - 2
Middle School: Harnett Central Middle
Sale Price: $0
High School: Harnett Central High
Qualified Code: E
Fire Department: Angier Black River
Vacant or Improved: V
EMS Department: Medic 9
Transfer of Split: T
Law Enforcement: Angier Police, Harnett County Sheriff
Actual Year Built:
Voter Precinct: Black River
Heated Area : SgFt
County Commissioner: W Brooks Matthews
Building Count : 0
School Board Member: Jason Lemons
p.:
https://gis.harnett.org/E911 App/Parcels/ParcelReport.aspx?pin=0673-72-4977.000 1 /1
9/2/22, 1:12 PM
Harnett County Parcel Report
,,� --, Harnett
'� C 0 U INTY
NORTH CAROLINA
PID: 040673 0032 02
PIN:0673-72-7501.000
Account Number: 1500007693
Owner: GARDNER KENNETH DALE & GARDNER DEBRA ANNE
Mailing Address: 4144 OLD BUIES CREEK ROAD ANGIER, NC 27501
Physical Address: 919 ENNIS RD ANGIER, NC 27501 ac
Description: TR#4 KENNETH D GARDNER ETALS 27.82ACS M#2013-23
Surveyed/Deeded Acreage: 27.82
Calculated Acreage: 28.48
Deed Date:1360645200000
Deed Book/Page: 3083 - 0915
Plat(Survey) Book/Page: 2013 - 23
Last Sale: 2013 - 2
Sale Price: $0
Qualified Code: E
Vacant or Improved: V
Transfer of Split: T
Actual Year Built: 1940
Heated Area : 1125 SgFt
Building Count : 1
Harnett County GIS
Building Value: $106582
Parcel Outbuilding Value: $580
Parcel Land Value: 337850
Market Value: $445012
Deferred Value: $261710
Total Assessed Value: $183302
Zoning: RA-30 RESIDENTIAL AGRICULTURAL - 28.48 acres (100.0%)
Zoning Jurisdiction: Angier
Wetlands: Yes
FEMA Flood: Minimal Flood Risk
Within 1 mi of Agriculture District: Yes
Elementary School: Angier Elementary
Middle School: Harnett Central Middle
High School: Harnett Central High
Fire Department: Angier Black River
EMS Department: Medic 9
Law Enforcement: Harnett County Sheriff
Voter Precinct: Black River
County Commissioner: W Brooks Matthews
School Board Member: Jason Lemons
W,
https://gis.harnett.org/E911 App/Parcels/ParcelReport.aspx?pin=0673-72-7501.000 1 /1
10/3/22, 11:07 AM
Harnett County Parcel Report
,,� --, Harnett
'� C 0 U INTY
NORTH CAROLINA
PID:040673 0261
PIN:0673-52-9183.000
Account Number: 400012000
Owner: ADAMS CLINTON L
Mailing Address: 469 TIPPETT ROAD ANGIER, NC 27501-0000
Physical Address: GARDNER RD ANGIER, NC 27501 ac
Description: 18.40 ESTELLE HART LAND
Surveyed/Deeded Acreage:18.4
Calculated Acreage: 17.5
Deed Date:11595600000
Deed Book/Page: 528 - 0185
Plat(Survey) Book/Page: -
Last Sale: 1970 - 5
Sale Price: $0
Qualified Code: D
Vacant or Improved: V
Transfer of Split:
Actual Year Built:
Heated Area : SgFt
Building Count : 0
Harnett County GIS
Building Value: $0
Parcel Outbuilding Value: $0
Parcel Land Value: 166340
Market Value: $166340
Deferred Value: $0
Total Assessed Value: $166340
Zoning: R-10 Residential - 0.0 acres (0.0%), RA-30 RESIDENTIAL AGRICULTURAL - 17.5 acres (100.0%)
Zoning Jurisdiction: Angier
Wetlands: Yes
FEMA Flood: Minimal Flood Risk
Within 1mi of Agriculture District: Yes
Elementary School: Angier Elementary
Middle School: Harnett Central Middle
High School: Harnett Central High
Fire Department: Angier Black River
EMS Department: Medic 9
Law Enforcement: Angier Police, Harnett County Sheriff
Voter Precinct: Black River
County Commissioner: W Brooks Matthews
School Board Member: Jason Lemons
https://gis.harnett.org/E911 App/Parcels/ParcelReport.aspx?pin=0673-52-9183.000 1 /1
2000 Regency Parkway
Suite 295
Cary North Carorina 27518
Main: 877 627 3772
PROPERTY OWNER CERTIFICATION FORM
Name: Kenneth Dale and Debra Anne Gardner
Address: 4144 Old Buies Creek Road, Angier, North Carolina 27501
Phone:
Email:
Project Name/Description: Gardner Farms
Project Number: 22010682A Project manager- Tanner Dickson
Date: September 14, 2022
Re: Property Owner Certification
To Whom it May Concern:
Engineering
& Design
By signing below, you are indicating that you have the authority, or are acting as the duly authorized agent of a
person or entity with such authority, to and do hereby grant Corps personnel right of entry to legally access the
site if needed to perform the JD. Your signature shall be an affirmation that you possess the requisite property
rights to request a]D on the subjectt property.
A
Property Owner (please print) Property Owner Signature
Date
Maser Consulting is now Colliers Engineering & Design
Accelerating success.
r
2000 Regency Parkway
Suite 295
Cary North Carolina 27518
Main: 877 627 3772
Engineering
& Design
PROPERTY OWNER CERTIFICATION FORM
[Name: Daniel W. Jr. and Janet Frazier Gardner
Address: 4305 Old Buies Creek Road, Angier, North Carolina 27501
Phone:
Email:
Project Name/Description: Gardner Farms
Project Number: 22010682A Project Manager: Tanner Dickson
Date: September 14, 2022
Re: Property Owner Certification
To Whom it May Concern:
By signing below, you are indicating that you have the authority, or are acting as the duly authorized agent of a
person or entity with such authority, to and do hereby grant Corps personnel right of entry to legally access the
site if needed to perform the JD. Your signature shall be an affirmation that you possess the requisite property
rights to request a JD on the subject property. Ui��Ll��
Js�n� F-V16- LeQ - G c rAN-C—V-
Property Owner (please print) Property Owner Signature
I�-1 raga,
Date
Maser Consulting is now Colliers Engineering & Design
Accelerating success.
2000 Regency Parkway
Suite 295
Cary North Carolina 27518
Main: 877 627 3772
Engineering
& Design
Name: Clinton L. Adams
Address
Phone:
Email:
PROPERTY OWNER CERTIFICATION FORM
469 Tippett Road Angier, NC 27501
Project Name/Description: Gardner Farms Sewer Line Easement
Project Number: 22010682A Project Manager: Tanner Dickson
Date: September 14, 2022
Re: Property Owner Certification
To Whom it May Concern:
By signing below, you are indicating that you have the authority, or are acting as the duly authorized agent of a
person or entity with such authority, to and do hereby grant Corps personnel right of entry to legally access the
site if needed to perform the JD. Your signature shall be an affirmation that you possess the requisite property
rights to request a JD on the subject property.
Property Owner (please print) Property Owner Signature
MOM
Date
Maser Consulting is now Colliers Engineering & Design
Accelerating success.
2000 Regency Parkway
Suiteu95
Cary North Carolina z/s10
mam� �8r7627377J
Engineering
& Design
AGENT AUTHORIZATION FORM
Name: Meritage Homes
Address: 33O0Paramount p mw Suite 120Raleigh, NC 2/560
Phone: 919'926'2688
Email: Greg.hoff@meritagehomes.com
Project Name/Description: Gardner Farms
Project Number: 22010682x Project manager: George Buchholz
Date: September 14, 2022
Re: Wetlands Related Consulting and Permitting
To Whom it May Concern:
1, the undersigned, hereby designate and authorize Colliers Engineering and Design to act in my behalf as my
agent in the processing of jurisdictional determinations and permit applications, to furnish upon request
supplemental information insupport ofapplications, etc. from this day forward.
This notification supersedes any previous correspondence concerning the agent for this project.
This authorization,for liability and professional courtesy re s, isvalid only for government officials
to enter the property when accompanied by Colliers Engineerin nd D sign staff.
Print
Date
Maser Consulting is now Colliers Engineering & Design
Accelerating success. ------
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION L• BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Gardner Farms Subdivision
State:NC County/parish/borough: Harnett County City: Angier
Center coordinates of site (lat/long in degree decimal format): Lat. 35.488742 °,, Long.-78.739828
Universal Transverse Mercator:
Name of nearest waterbody: West Buies Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Cape Fear River
Name of watershed or Hydrologic Unit Code (HUC): 03030004
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
® Field Determination. Date(s): September 16, 2022 / June 13, 2023
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There tE "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): r
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
® Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 325 linear feet: width (ft) and/or 0.0298 acres.
Wetlands: 0.993 acres.
Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
Non -regulated waters/wetlands (check if applicable):'
® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: Irrigation pond that is 0.551 acres and is located at LAT 35.488024, LONG-78.741034.
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
s Supporting documentation is presented in Section II1.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section I LAA and Section IILD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections I LAA and 2
and Section III.D.1.; otherwise, see Section I LB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent'
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section IILD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section IILDA.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section I LB.1 for
the tributary, Section I LB.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW': .
'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
' Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pi-st
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM' (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
the presence of litter and debris
❑ changes in the character of soil
❑
destruction of terrestrial vegetation
❑ shelving
❑
the presence of wrack line
❑ vegetation matted down, bent, or absent
❑
sediment sorting
❑ leaf litter disturbed or washed away
❑
scour
❑ sediment deposition
❑
multiple observed or predicted flow events
❑ water staining
❑
abrupt change in plant community
❑ other (list):
❑ Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: d Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OH'W M has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break-
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain: .
Wetland quality. Explain:.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain: Wetland surface water releases at higher rain events. Wetlands flow into the culvert and
then into the tributary.
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:Forested/ 100% cover.
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet width (ft), Or, acres.
❑ Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Perennial Stream 1 is 325 linear feet.
❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
In Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
Non-RPWs'that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section IILD.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: Forested wetland W-1 and W-2 total 0.993 acres.
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.13 and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters?
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
® Interstate isolated waters. Explain: Irrigation pond (Pond 1) is 0.551 acres.
❑ Other factors. Explain:
'See Footnote # 3.
9 To complete the analysis refer to the key in Section III.13.6 of the Instructional Guidebook.
"Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Identify water body and summarize rationale supporting determination: Pond-1 is an irrigation pond used for daily operations
associated with the agricultural crops on the Subject Property. There is not a discharge/outlet feature associated with the Pond-1.
Located immediately adjacent to Pond 1 and down gradient is an upland Dry-Mesic Oak -Hickory Forest area.
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
® Other non -wetland waters:0.551 acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
® Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:Pond-1(0.551
acres) is an irrigation pond used for daily operations associated with the agricultural crops on the Subject Property. There
is not a discharge/outlet feature associated with the Pond-1. Located immediately adjacent to Pond 1 and down gradient is
an upland Dry-Mesic Oak -Hickory Forest area. These were confirmed by USACE via field confirmation on June 13, 2023.
❑ Other. (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a fmding is required for jurisdiction (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
® Lakes/ponds:0.551acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:03030004.
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Coats, NC; 1" = 2,000'.
® USDA Natural Resources Conservation Service Soil Survey. Citation: Harnett County.
® National wetlands inventory map(s). Cite name:Coats, NC.
❑ State/Local wetland inventory map(s):
® FEMA/FIRM maps:3720066200J; none present.
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): .
or ❑ Other (Name & Date): Site photographs.
❑ Previous determination(s). File no. and date of response letter -
El Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
❑ Other information (please specify): .
B. ADDITIONAL COMMENTS TO SUPPORT JD:
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APPENDIX D
IMPACT EXHIBITS
Pre -Construction Notification I December 12, 2023
Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232
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Engineering
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APPENDIX E
SUPPORTING DOCUMENTS
Pre -Construction Notification I December 12, 2023
Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Mark Sergent
Meritage Homes of the Carolinas
13925 Ballantyne Corporate Place
Charlotte, NC 28277
Project: Gardner Farms Subdivision
NORTH CAROLINA
Environmental Quality
November 27, 2023
Expiration of Acceptance: 5/27/2024
County: Harnett
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Cape Fear
03030004
Riparian Wetland
0.144
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly.Williams@deq.nc.gov.
Sincerely,
Al�d�
FOR James. B Stanfill
Deputy Director
cc: George Buchholz, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
h(h�TH :.AROI iRA IV
o �nmmmenni w�a 919,707,8976
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: 2024-0002951
Project Name: 22010682A- Gardner Farms
October 10, 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 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 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
10/10/2023
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:
https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation-
handbook.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/program/migratory-bird-permit/what-
we-do.
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/library/collections/threats-birds.
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/partner/council-conservation-
migratory-birds.
10/10/2023
3
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
• USFWS National Wildlife Refuges and Fish Hatcheries
• Bald & Golden Eagles
• 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
10/10/2023
4
PROJECT SUMMARY
Project Code: 2024-0002951
Project Name: 22010682A- Gardner Farms
Project Type: Residential Construction
Project Description: On behalf of Meritage Homes, Colliers Engineering & Design, Inc. (DBA
Maser Consulting) (CED) conducted
field delineations for the Gardner Farms Subdivision at 4583 OLD BUIES
CREEK RD ANGIER, NC in Angier, North
Carolina within Harnett County (hereinafter referred to as "Subject
Property"). The Subject Property consists of
two (2) parcels of land located in between NC 55 and Old Buies Creek
Road (State Route 1542) and can be further
described as Harnett County Parcel Information Numbers (PIN):
0673-72-4977 and 0673-72-7501. The Subject
Property also includes an approximately 1-acre of land located on Harnett
County PIN 0673-52-9183 which is
immediately adjacent to the west of PIN 0673-72-4977. The Subject
Property is approximately 53-acres in size
and located at latitudinal coordinates 35.488742 and longitudinal
coordinates-78.739828. The Subject Property
is located approximately 1.1-miles south of Angier, North Carolina. The
Subject Property is being considered for
residential development.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.48970345,-78, 74096494658494,14z
J
Counties: Harnett County, North Carolina
.#
10/10/2023 5
ENDANGERED SPECIES ACT SPECIES
There is a total of 7 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 STATUS
Tricolored Bat Perimyotis subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
NAME STATUS
Red -cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
REPTILES
NAME STATUS
American Alligator Alligator mississippiensis Similarity of
No critical habitat has been designated for this species. Appearance
Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened)
FISHES
NAME STATUS
Cape Fear Shiner Notropis mekistocholas Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6063
10/10/2023
H.
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:Hecos.fws.gov/ecp/species/5164
I 1 [0.1=10 k
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2747
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.
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act' and the
Migratory Bird Treaty Act2.
Any person or organization who plans or conducts activities that may result in impacts to bald or
golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Bald and Golden Eap-le Protection Act of 1940.
10/10/2023
2. The Migratory Birds Treaty Act of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
There are bald and/or golden eagles in your project area.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME BREEDING SEASON
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.
https:Hecos.fws.gov/ecp/species/1626
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 the supplemental
information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
10/10/2023
Bald Non -BCC
+ +$++ ++ + 1 ," Jill Jr7-1 + " ""' +- +"
Vulnerable
Additional information can be found using the following links:
• Eagle Managment https://www.fws.gov/program/eagle-management
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoidins7-and-minimizins7-incidental-take-mis7ratorv-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.Ddf
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-
project-action
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Actl 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 Treat. Act 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)
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.
BREEDING
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
Bachman's Sparrow Aimophila aestivalis Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Sep 30
and Alaska.
https:Hecos.fws.gov/ecp/species/6177
10/10/2023
W
BREEDING
NAME
SEASON
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.
https:Hecos.fws.gov/ecp/species/1626
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
https:Hecos.fws.gov/ecp/species/9427
Chimney Swift Chaetura pelagica
Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
t0 Aug 25
and Alaska.
https:Hecos.fws.gov/ecp/species/9406
Painted Bunting Passerina ciris Breeds Apr 25
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9511
Prairie Warbler Dendroica discolor Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
https:Hecos.fws.gov/ecp/species/9513
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.
https:Hecos.fws.gov/ecp/species/9439
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.
https:Hecos.fws.gov/ecp/species/9398
Rusty Blackbird Euphagus carolinus
Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
elsewhere
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9478
Wood Thrush Hylocichla mustelina
Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
t0 Aug 31
and Alaska.
https:Hecos.fws.gov/ecp/species/9431
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 the supplemental
10/10/2023
10
information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence ( )
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
probability of presence breeding season I survey effort — no data
SPECIES
JAN FEB MAR APR MAY JUN JUL AUG SEP
OCT NOV DEC
American
BCRestrel
---- +-- — — —
IIII IIII IIII IL ---'
-++�
— — — -
- — — -
MrJI
Bachman's Sparrow
BCC Rangewide
' —+
---- +-- Flop pill lip� IIII IIII
++�
(CON)
Bald
Non -BCC e
1—+++�+1 ABE
Vulnerable
Brown -headed
Nuthatch
7� �■ ■■■ ■
+—+""" +""+ +++ + ++ ++—' +--"''—
+-+' -"'
BCC -BCR
Chimney Swift
111 " ' "' "'
BCC Rangewide
1111
(CON)
— — — ---- ---- —
Painted Bunting
+--+'+++ ++++ +++��•• 911 lip, I��+---++—
+--� ---+
BCC -BCR
Prairie warbler
BCC Rangewide
+--+ + +++ ++ ++
+++ ++ +++ �+���---
IIII !r
'
++—
(CON)
Prothonotary
Warbler
IIII IIII I'—'
----—+----�--- — — — -
- — — -
-- -- —++�
- — — -
BCC Rangewide
(CON)
10/10/2023 11
Red-headed '� '� , ' ' , ' — ' ' '
Woodpecker ++ ++ ++++ + ++ ++ + �— ++++ ++� + — ++— +�++ ++
BCC Rangewide
(CON)
Rusty Blackbird '—++ +$1+ ++++ ++++ ++++ —+-- ++++ ++—+ +--- —++— +—++ —+++
BCC -BCR
Wood Thrush 1 1 I I I I ,'"' + + I— I I
BCC Rangewide +�� i + + +�— ++ + ++�+ +--� � i i � i i
(CON)
Additional information can be found using the following links:
• Eagle Management https://www.fws.gov/program/eagle-management
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoiding-and-minimizing-incidental-take-mi rator.
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/suDDlemental-information-mis7ratorv-birds-and-bald-and-s7olden-eas-les-mav-occur-
project-action
10/10/2023
IPAC USER CONTACT INFORMATION
Agency:
Colliers Engineering and Design
Name:
Sean Stanton
Address:
2000 Regency Parkway
Address Line 2:
Suite 295
City:
Cary
State:
NC
Zip:
27518
Email
sean.stanton@collierseng.com
Phone:
9843125647
Roy Cooper, Governor
■ ■■■
■■ ■ INC DEPARTMENT OF
■■�■i NATURAL AND CULTURAL RESOURCES
■ ■■
February 15, 2022
Lisa Long
Spangler Environmental Inc.
4338 Bland Rd
Raleigh, NC 27609
RE: Angier -Easley Addl Parcels
Dear Lisa Long:
❑. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-17173
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX 919.707.9121
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a
STORMWATER & EROSION CONTROL
NARRATIVE & SUPPORTING CALCULATIONS
Gardner Farms
Town Of Angier, Harnett County NC
Original: 12/ 1 /2023
1M 1N\
Q t
NOT FOR
CONSTRUCTION
Y �
� o
o �
y �
Prepared for:
Meritage Homes
3300 Paramount Parkway
Morrisville, NC 27560
Prepared By:
Morris & Ritchie Associates of NC, PC
530 Hinton Pond Road
Knightdale, North Carolina 27545
Phone: (984) 200.2103
Project No. 22234
VMLPT�k"W-�v�
I
PROJECT DESCRIPITON
This project involves the construction of a residential subdivision named Gardner Farms
in the Town of Angier, Harnett County NC. Project activities involve clearing, grubbing,
grading, and utility installation to service the proposed subdivision. The subdivision will
be in the CZ-R6 zoning district and will consist of 136 single family units. It will be served
by public roads, public water, and public sewer. In addition to the proposed
subdivision, the development proposes an additional turn lane road widening as well as
public utility extension to the extents of the property boundary.
Future public roadways are set at a right of way width of 50' (local) and are to be mass
graded with curb and gutter. Upon completion of the project's construction, the
proposed public roads will be turned over to and maintained by the local township. The
proposed subdivision 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 same intersection.
Proposed built -upon area is approximately 21.95 acres. Total existing site area is
approximately 48.47 acres. Proposed built -upon area is 14.99%. Total open space to
be dedicated for the entire subdivision is 7.27 acres, which is approximately 1 1.98%
of the total site area.
SITE DESCRIPTION
The existing site is approximately 48.47 acres of mainly farmland with small areas of
woods and tree lines.
The Site lies within the Cape Fear Basin and consists of two pockets of wetlands on site
with multiple wetland complexes.
The Site is located in Zone ' X," areas determined to be outside the 500-year flood area
(see FEMA FIRM Panel 3720066200J and is located in the Appendix of this document.)
Th existing topography consists of mild to moderate slopes throughout the site with
multiple ridgelines interior to the property and existing ditch lines. The site flows to
different points of the property via existing ditch lines, primarily flowing to west and
southwest portions of the site.
SOILS
According to the Natural Resource Conservation Service Web Soil Survey, the soils
within the site are classified as Bibb Soils Level complex ranging from 2% to 6% slopes
(Bb), Dothan Loamy Sand Level complex ranging from 0% to 6% slopes (DoA), and
Fuquay loamy sand complex ranging from 0% to 6% slopes. These soils consist of drained
areas with a Hydrologic Soil Group (HSG) B and undrained areas with a HSG D Soils. HSC
Group B consists of having a moderate infiltration rate when thoroughly wet. These
consist chiefly of moderately deep or deep, moderately well drained, or well drained
soils that have moderately fine texture to moderately coarse texture. These soils have a
moderate rate of water transmission. The HSG Group D consists of soils with a very slow
infiltration rate and high runoff potential. This group is composed of clays that have a
high shrink -swell potential, soils with a high-water table, soils that have a claypan or clay
layer at or near the surface, and soils that are shallow over nearly impervious material.
These soils have a very slow rate of water transmission.
PLANNED EROSION AND SEDIMENTATION CONTROL PRACTICES
All temporary erosion and sediment control practices have been designed in
accordance with the North Carolina Department of Environmental Quality- Erosion and
Sediment Control Planning and Design Manual, last modified May 2013.
1. TEMPORARY CONSTRUCTION ENTRANCE
Temporary gravel construction entrances will be installed at the entrances along
Old Buies Creek Drive to provide a buffer area for construction vehicles to
deposit mud and sediment to avoid transporting it onto public roads.
2. SILT FENCE
Silt fence will be used in natural outfall areas to provide a barrier to any sediment
leaving the site.
3. SILT FENCE OUTLET
Silt fence outlets are to be used in low areas to allow a drainage point to relieve
pressure from water held behind silt fences.
4. TEMPORARY DIVERSION DITCH
Temporary diversion ditches will be installed to direct water into skimmer
sediment basins and sediment traps. Diversion ditches shall be fitted with liners
per the calculations included to provide shear resistance until vegetation
becomes established. Ditches shall be maintained by the contractor until
approval for removal.
5. TEMPORARY SLOPE DRAINS
Temporary slope drains will be installed where diversion ditches enter the
sediment basin to convey runoff and to prevent erosion of the basin's slopes and
to allow temporary diversion ditches to bypass construction entrances.e
6. SKIMMER SEDIMENT BASIN
Two temporary skimmer sediment basins will be installed to provide a sediment
storage and settling mechanism that retains sediment and prevents
sedimentation in the surrounding area. The sediment basins will be converted to
the permanent Wet Pond Stormwater Control Measures (SCMs).
7. SEDIMENT BASIN BAFFLES
Baffles will be installed in the sediment basins to lengthen flow from the inlet point
to the outlet point to allow for additional setting time and improve water quality
at the outlet point.
8. TEMPORARY SEDIMENT TRAP
Temporary sediment traps will be installed at low points to protect receiving
lakes, streams, and adjacent properties. These will capture the initial sediment
runoff prior to SCM and stormwater infrastructure installation.
9. RIPRAP OUTLET PROTECTION
Riprap outlet protection will be used at the outlet of all discharges into natural
ground and drainageways to dissipate the energy from concentrated runoff and
reduce the scour potential in vegetated areas.
10. TEMPORARY AND PERMANENT SEEDING
Temporary and permanent seeding will be used to form a dense ground cover
and to reduce soil loss from exposed slopes.
MAINTENANCE CONSIDERATIONS
The property owner shall be responsible for periodic inspection and maintenance of all
temporary erosion control measures devices. Any measure that fails to function as
intended shall be repaired immediately. The HOA shall be responsible for periodic
inspection and maintenance of the SCMs, If the measure fails to function as intended it
shall be repaired immediately.
STORMWATER DESIGN
STORM WATER CONVEYANCE
The stormwater runoff will be managed through a collection system consisting of curb &
gutter, drainage pipes, and rear yard swales. Runoff generated from the Northern
portion of the site will be routed to SCM A. The runoff generated in the Southern portion
of the site will be routed to SCM B. The collection system and series of SCMs have been
designed to meet the applicable minimum design criteria set forth in the State of North
Carolina Stormwater Design Manual. Refer to the Appendix for relevant stormwater
calculations.
PEAK RUNOFF REDUCTION
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 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.
STORM WATER CONTROL STRUCTURE
Two Wet Ponds have been selected as the SCMs for the proposed development. The
two SCMs have been sized to receive runoff from the majority of the built -upon area of
the project site, as well as receive runoff from existing runoff from off -site areas.
Summaries of pre -development and post -development peak runoff flows are shown in
the tables below:
Pre -Development
Time
Pre-Dev.
Pre-Dev.
Pre-Dev.
of
Pre-Dev.
Pre-Dev.
Pre-Dev.
10-
25-
100-
Drainag
1-Yr/24-
2-Yr/24-
5-Yr/24-
Drainage
e Area
Con
Hr Peak
Hr Peak
Hr Peak
Yr/24-Hr
Yr/24-Hr
Yr/24-Hr
Area (DA)
(ac)
C.
Runoff
Runoff
Runoff
Peak
Peak
Peak
(min.
(cfs)
(cfs)
(cfs)
Runoff
Runoff
Runoff
(cfs)
(cfs)
(cfs)
PRE - DA-1
5.65
12.4
8.74
12.55
18.74
23.83
31.08
43.02
PRE- DA-2
13.42
12.5
21.85
31.07
45.96
58.13
75.40
103.76
PRE- DA-3
10.43
12.5
16.05
23.07
34.49
43.87
57.22
79.22
PRE- DA-4
0.65
7.4
1.36
1.89
2.76
3.45
4.44
6.06
PRE - DA-5
3.99
9.5
6.51
9.42
14.16
18.07
23.65
32.86
(Offsite)
PRE- DA-6
7.58
13.4
10.64
15.49
23.42
29.97
39.35
54.84
PRE- DA-7
7.48
9.2
12.34
17.87
26.86
34.27
44.85
62.29
PRE- DA-8
3.45
8.0
5.63
8.23
12.48
16.00
21.05
29.39
TOTAL PRE-
DEVELOPMEN
52.65
-
81.21
116.93
174.92
222.66
290.71
402.83
T
Post -Development: Captured
Post-Dev.
Post-Dev.
Post-Dev.
Post-Dev.
Post-Dev.
Post-Dev.
1-Yr/24-Hr
2-Yr/24-
5-Yr/24-Hr
10-Yr/24-
25-Yr/24-
100-
Drainage
Drainage
Peak
Hr Peak
Peak
Hr Peak
Hr Peak
Yr/24-Hr
Area (DA)
Area (ac)
Runoff
Runoff
Runoff
Runoff
Runoff
Peak
(cfs)
(cfs)
(cfs)
(cfs)
(cfs)
Runoff
(cfs)
SCM A
37.097
19.94
56.50
91.03
104.56
126.16
151.39
SCM B
10.63
2.27
6.90
12.81
16.02
18.61
21.52
Post -Development: Uncaptured
Time
Post-Dev.
of
Post-Dev.
Post-Dev.
Post-Dev.
Post-Dev.
Post-Dev.
100-
Drainage
Drainage
Conc
1-Yr/24-Hr
2-Yr/24-
5-Yr/24-Hr
10-Yr/24-
25-Yr/24-
Yr/24-Hr
Area (DA)
Area
Peak
Hr Peak
Peak
Hr Peak
Hr Peak
Peak
(ac)
(min.
Runoff
Runoff
Runoff
Runoff
Runoff
Runoff
(cfs)
(cfs)
(cfs)
(cfs)
(cfs)
(cfs)
POST - DA-1
0.424
5.0
1.97
2.78
4.07
5.12
6.60
9.04
UNCAPTURED
POST - DA-2
1.264
5.0
2.19
3.23
4.93
6.34
8.37
11.72
UNCAPTURED
POST - DA-3
UNCAPTURED
0.928
5.0
1.06
1.72
2.83
3.79
5.20
7.58
POST - DA-4
UNCAPTURED
0.151
5.0
0.17
0.28
0.46
0.62
0.85
1.23
POST - DA-6
0.389
5.0
0.48
0.76
1.24
1.65
2.25
3.25
UNCAPTURED
POST - DA-7
0.491
5.0
0.56
0.91
1.50
2.01
2.75
4.01
UNCAPTURED
POST - DA-8
UNCAPTURED
0.795
5.0
0.91
1.47
2.43
3.25
4.45
6.49
Overall Summary
Pre-Dev.
Pre-Dev.
Pre-Dev.
Pre-Dev.
Pre-Dev.
pre-Dev.
Drainage
1-Yr/24-Hr
2-Yr/24-Hr
5-Yr/24-Hr
10-Yr/24-
25-Yr/24-
24-
1r
POI
Area (ac)
Peak
Peak
Peak
Hr Peak
Hr Peak
k
k
Hr Peak
Pea
Runoff
Runoff
Runoff
Runoff
Runoff
Runoff (cfs)
(cfs)
(cfs)
(cfs)
(cfs)
(cfs)
TOTAL PRE-
52.65
81.21
116.93
174.92
222.66
290.71
402.83
DEVELOPMENT
TOTAL POST-
52.65
22.74
68.51
115.19
136.91
166.02
200.27
DEVELOPMENT
As seen in the tables above, the proposed stormwater management design will
attenuate the 1, 2, 5, 10, 25, and 100-year post -development runoff flows to below pre -
development levels for the entirety of the site.
CALCULATIONS
All stormwater calculations were based on the NCDENR Stormwater BMP Manual.
Runoff calculations were conducted using HydroCAD version 10.10-6a , utilizing the SCS
method.
All calculations are included in the appendix.
REFERENCES
North Carolina Department of Environmental Quality- Erosion and Sediment Control
Planning and Design Manual, last modified May, 2013
United States Department of Agriculture- Natural Resources Conservation Service- Web
Soil Survey, last modified July, 2019
North Carolina Department of Environmental Quality- Stormwater Design Manual, last
modified November 20, 2020
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