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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 Colliers Engineering & Design Accelerating success. Engineering & Design 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 Engineering & Design 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 1 1 33 Engineering & Design 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 2133 Engineering & Design 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 Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232 3133 Engineering & Design 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 Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232 4133 Engineering & Design 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 Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232 5133 Engineering & Design 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 Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232 6133 Engineering & Design 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 Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232 7133 Engineering & Design 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 Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232 8133 Engineering & Design 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 Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232 9133 Engineering & Design 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) v LL a s J E N N F 3 0 Q N N m V 0 T V1 J 0 V 3 T F = F 16 Q 3 a Q u` o d - 0 Q o m i P y a Q 0 0 0 0 o w v - 0 N O C N O V U a to 9 o L ID V V Z E a C y � a 4 E o m O a a a `- O Co T � C T ¢ O > V 0 U c � o _ m m `m C 2 V O N O � O a ¢ m 001 a S; 0 o r o o Oi T w ° o o 7 N N v C 6 M N ` o s �i� •.y �u �-, 7� :..- c • :tiff 2�` { \\ \\\ ! k\: {` �� � ) \)kk ) k \ 2 l:2Jme ` S& \ /�/� � ;, �!\/7§f !_;; « 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: ��mmmm V O O O O O O O O O (O O V co O I— co I— 00 O co 00 0) V V M V 00 V I� J 00 00 00 00 I- I- I- I- O O O O O O O O N (O (O (O V I— 00 00 O O +- I— 00 00 00 00 00 00 00 J V V V V Lo Lo Lo Lo Cl) Cl) Cl) Cl) N ~IQ Q Q W u) W W W H Z Z Z Q � J J J J O oo �oCf) u)ww�w of Tf 0 ry O O O O Q Q LL Q r- (0 LO r- N Ln :O CD 0-) CO LO E O O O Q N Q T H Q Q J Q N (n (n W (n 0 (n (n Z (n �ofTf LU LUry O W W > W = 0 0 Ir 0 0 O c `m O 0 m O 6- 6- cr n Q Q Q Q Z Z Z Z J J J J O O O 0 of of of ry Q Q Q Q O O O O H H H H ry O O O 0 z z z z m E2 o 0 a m C^ t s E v LL 2r a +F - .vim.. � ► L - J - E Gl N ~ 3 O Q N N N N o V VI J o V 3 - qq D co v Q N E 15j a a vi o o N - O Q o orn r 10 a_ 1 y a Q 0 0 o 0 E i ' N -- T R� o _ o \ \ ± \ L \\ \ o o ) CD k Engineering & Design APPENDIX D IMPACT EXHIBITS Pre -Construction Notification I December 12, 2023 Gardner Farms Subdivision; USACE Action ID: SAW-2022-0232 A 0 ;U.o co > 0 Ln 0 u LZ t 0 r4 00 u Q0 E 0) C:) 4-j c y N CU — C) 00 L Ly Y N Ri, '0. 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Z n o W = W c� N r'v o W H N o LL LL lid O t G�lid 2 h o T � y`m w o o O m a 1 E r v E o ry o u S Z en ry z v ao sol + ° a m . o u - O v v 00 m m mom, a a Engineering & Design 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 CO ■ ■ > 3 d CO e CO \ .g \ s 7 - / \ E / co\ ( m E E } O e .k 3 \ \ m \ u \ E / / } e ■ we, '0E Lij > CO 2 e 0 ./ E \ / \ \ e ■ > > \\ \ E e ■ . ■t ■ / O CO \ ƒ \ / \ CO E ® \ E \ \ e Z\ CO e .e ± ± 6 44\ \\0 / / \\\ \ { § \ c �VJ\ W U L m n 0 _W U) m W �L1 W r ti i W Z U Z W�rgme�¢ �i p 0 tsu a w o Q � m � 6 U O N C O CA d Q O m N N U ) cu In .2 C O � N z a` m El El w M O M N 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 Colliers Engineering & Design Colliers Engineering & Design is a trusted provider of multi -discipline engineering, design and consulting services providing customized solutions for public and private clients through a network of offices nationwide. For a full listing of our office locations, please visit colliersengineering.com M O ® 0 % a Civil/Site • Traffic/Transportation • Governmental • Survey/Geospatial Infrastructure • Geotechnical/Environmental • Telecommunications • Utilities/Energy Accelerating success.