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HomeMy WebLinkAbout20240320 Ver 1_NWP 29 Request - SAW-2023-00998 - Bloom Subdivision - Sage #2022.123_202402217nsIA7�GIE SERVICES EST. 21116 February 21, 2024 US Army Corps of Engineers Wilmington Regulatory Office Attn: Ms. Katharine Elks 69 Darlington Avenue Wilmington, NC 28403 Re: Bloom Subdivision (formerly Dove Property) SAW-2023-00998 Request for NWP 29 Harnett County, NC Sage Project #2022.123 On behalf of Mattamy Homes, LLC (c/o Joseph Conlan) (owner & applicant), please find attached a complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers (USACE) that the activities associated with the proposed development of the Bloom Subdivision (Project) may proceed under Nationwide Permit (NWP) 29. Proposed impacts are below thresholds which require written authorization from NCDWR. A courtesy copy of this application is provided to NCDWR. Protect Purpose and Location The purpose of the Project is to construct a residential subdivision with associated attendant features (roads, utilities, and other infrastructure) to meet the demand for housing in this growing area of Harnett County. The +/-176.88-acre Project is located on Spence Mill Road, approximately 0.5 mile west of the intersection with NC 401, south of Fuquay- Varina, Harnett County, NC. The coordinates of 35.5230°N, 78.8232°W generally correspond to the center of the Site. The Site is within the coastal plain region of North Carolina and in the Cape Fear River Basin (HUC 030300040502). Protect Detail The proposed Project is a residential development with associated roads, utilities, and infrastructure. Impacts to jurisdictional wetlands will result from a road crossing. No impacts to jurisdictional features are proposed for lot fill. Access to the Site will be provided by road connections to existing Spence Mill Road which bisects the northern portion of the Site. The Project proposes to tie into existing water adjacent to the Site. Wastewater treatment will be provided by proposed individual septic systems. Typical equipment used in residential construction and utility projects (i.e., backhoes, excavators, dump trucks) will be utilized. The northern and central portions of the Site have been cleared for agricultural use. A large farm pond is located in the northwestern corner of the Site. The remaining portions of the Site are forested with a pine -dominated canopy along the ridges and uplands. The drainages contain more hardwood tree species in the canopy. Land use in the vicinity is comprised of timber land, residential developments, commercial lots, and agricultural land. According to the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) database, four threatened and endangered (T&E), one Proposed Endangered species, one Similarity of Appearance -Threatened species, one Candidate species, and the bald eagle are listed as potentially present on the Site. A review of the NC Natural Heritage Program (NCNHP) database was conducted on February 2, 2024. Suitable habitat for Cape Fear shiner and Atlantic pigtoe is not present on the Site. Streams SA and SAA are lower perennial streams with a silt - dominated substrate. The stream channels are approximately 2-5 feet wide. The NCNHP database indicates no known Bloom Subdivision Page 1 of 3 occurrences of these species within 1.0 mile of the Site. No impacts to streams are proposed for this Project, and the impacted wetlands are above the dam of Pond 1. Habitat for red -cockaded woodpecker is not present on the Site. The canopy is dominated by hardwood trees with sparse loblolly pine stands throughout. The southeastern forested portion was logged in 2006 per historic aerial imagery. The southwestern forest contains a dense understory which is not preferred by this species. The NCNHP database indicates no known occurrences of these species within 1.0 mile of the Site. Habitat for rough -leaved loosestrife is not present on the Site. Although the soils within the Pond 2 drainage are mapped as Vaucluse, these areas have been heavily maintained for agriculture and residential lawn. There are no proposed impacts to the wetlands or the pond in these areas. Potential habitat for tri-colored bat (Proposed Endangered) and monarch butterfly (Candidate) is present on the Site; however, these species are not currently afforded protection under Section 7 of the Endangered Species Act (ESA). Additionally, there is no habitat for American alligator (Similarity of Appearance -Threatened) present on the Site. The NCNHP database indicates no known occurrences of these species within 1.0 mile of the Site. Multiple farm ponds are of sufficient size to support foraging habitat for bald eagles; however, no individuals or nests were observed during the Site visit. The Site is not listed as a historic property or within a historic district. Fifty-two historic properties are identified within 1.0 mile of the Site. Two "Determination of Eligibility" properties are located southeast of the Site along US 401 (David Henry Senter House — HT0174 and the A. A. Johnson House — HT0818). The remaining properties are designated as "Surveyed Only." Protect History A Site delineation was completed by Mr. Sean Clark of Sage Ecological Services, Inc. (Sage) in October 2022. A Preliminary Jurisdictional Determination (PJD) was issued on August 8, 2023 (SAW-2023-00998). Avoidance and Minimization A wetland and stream delineation were performed to identify environmentally sensitive areas on the Site prior to site design. The Project was designed to avoid & minimize impacts to jurisdictional features while meeting the goals of the residential development plan. Lots were positioned to avoid impacts to wetlands and streams. Drainages are not crossed multiple times by roads. The proposed alignment was designed to provide a balance between cut and fill on opposite sides of the road. The site grading at Impact #2 was reduced as much as practicable while maintaining moderate driveway slopes for the lots. General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Equipment will be parked and cleaned in uplands away from jurisdictional areas. Work within jurisdictional areas will be conducted during periods when dry weather is predicted, and large bare areas of soil will be reseeded and protected as soon as practicable. Silt fencing and sediment basins will also be used to prevent sediment runoff into the stream and wetland areas. Project Impacts Impacts to jurisdictional Waters of the US will result from a proposed road crossing. The roadway results in permanent wetland impacts totaling 0.044 acre (Impact #1 & #2; WC-3). No stream impacts are proposed. Mitigation Proposed wetland impacts are below 0.1 acre and there are no proposed stream impacts. Therefore, no mitigation is proposed for the Project. If you have any questions, please call me at (919) 622-7888. Respectfully submitted: i mlin, US Sage Ecological Services, Inc. a4te Clark, S Sage Ecological Services, Inc. Bloom Subdivision Page 2 of 3 Attachments: Pre -construction Notification (PCN) Application Form Agent Authorization Form Figure 1 — USGS Site Vicinity Map Figure 2 — Soil Survey Site Vicinity Map Figure 3 — Post-USACE PJD Sketch Map Figure 4 — NCSHPO Map IPaC Resource List NCNHP Report Impact Maps ORM Spreadsheet Preliminary Jurisdictional Determination (SAW-2023-00998) Bloom Subdivision Page 3 of 3 Address: Phone SAGE ECOLOGICAL SE RV Ir,ES E i1. a'61 n. AGENT AUTHORIZATION FORM All Blanks to Be Filled in By the Current Landowner or Legal Representative 9- 57y 3W� Project Name/Description: Bloom Subdivision Sage Project # 2022.123 Date:_*�Z`f The Department of the Army U.S. Arniy Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 29402 Attn: Wilmington RFO Field Office: Katharine Elks NC Division of Water Resources 3800 Barrett Drive Raleigh, NC 2.7609 Attn: Regional Office: Fayetteville RO Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: 1, the undersigned, the owner or a duly authorized representative of record of the property/properties identified herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) and North Carolina Division of Water Resources (NCD%N'l. ) to enter upon the property herein described for the purpose of conducting on -site investigations and issUilt;] a determination associated with Waters of the U.S. subject to Federal jurisdiction under Sections 401 and 404 ()!'the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1 also hereby designate and authorize. Sage Ecological Services to act on my behalf as my agent in t11c processing of permit applications,to furnish i1polt request supplemental information in support of applican MIS, eta. i-om this day forward. This notification s.rnc- i-sedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Sage staff. Please contact Sage to arrange a meeting prior to visiting the site. BY: Joss' f. � BY: Print Name of Landowner or 4LegItUIR, r of Landowner or Legal Representative epresentative V'A Feature AB Feature AA F—ISubject Property Map Location USGS Topo Map Figure 1 WA WAKE Dove Property Sage Project# 2022.123 Jo H LEE 0 JOHNSTON N USGS Topo MapServer, 2022 HARNETT Fuquay-Varina, NC Quadrangle Prepared by: P. Beach E 7CUMBERLAND August 17, 2022 SAMPSON Sage Ecological Services, Inc. HOKE 0 750 1,500 Office: 919-335-6757 = Feet Cell: 919-559-1537 Map Location NRCS Soils Map WAKE Dove Property Sage Project # 2022.123 JOHNSTON jJ LEE Harnett County, NC Soil Survey 1994 HARNETT Sheet # 2 Prepared by: P. Beach MOORE August 17, 2022 CUMBERLAND SAMPSON HOKE 0 750 1,500 Feet Subject Property Figure 2 Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 NOTE: Location, shape and size of depicted features on the evaluated site are approximate and should be surveyed by a licensed NC surveyor for final site planning. NOTE: This map is based on the site meeting with Katharine Elks of the USACE Wilmington Regulatory Field Office on August 22, 2023. Map Location CHATHAM WAKE LEE . JOHNSTON HARNETT Legend �tland WOUS QProject Study Area • Culvert Crossing Potential Non -Wetland Points io'u!SAS+/-'1670�LFData Intermittent Stream - Jurisdictional Waters ofthe US Perennial Stream - Jurisdictional Waters of the US Wetlands- Jurisdictional Waters of the US tN' Pond - Jurisdictional Waters of the US sand :,,J C'D�5' urEsn ivl czar,rthstar agrapcs the PISUserCommuni Post USACE Meeting Preliminary Jurisdictional Determination N Figure 3 Wetland Sketch Map Dove Property Drawn By: Sage Project # 2022.123 David Gainey August 30, 2023 Sage Ecological Services, Inc. Office 919-335-6757 0 200 400 i Feet Cell: 919-559-1537 Data Source: http://ncdcr.gov Database effective as of May 31, 2022. hu,r 1-r, I point CI 1,an ct III 8aodA House H T0852 c� \ House T0851 gib o lush Rawls G77y //�✓° House House H T0850 J H T0849 Rawls Rawls Baptist Ch urch Rawls Baptist Church Cemetery H T0848 \ / HT0848 House HT0903 d House � HT0847 House `o HT0846 & y R 6 House To - House /HT0844 a Chvr ch Rd Store "V( d Rawls H T0902 u O �y�House v HT0901 v 8 ® QProject Study Area 1-Mile Project Buffer Q Determination of Eligiblity Boundary 1 Determination of Eligiblity * Survyed Area - Unassigned Survyed Only Map Location WAKE 0 JOHNSTON LEE HARNETT MOOOORE / HOKE CUMBERLAND SAMPSON House HT0897 Jarca or Itan dye ,�: t c House H 70843 House / H-842 J United Freewill Baptist Church &Cemetery / HT0841 Store (?) HT0839 Store House Gray H T0840 HT0837 0 Commercial building House House HT0838 HT0834 HT0956 House House House HT0836 Br It HT0833 HT09688 House Hc to !House Ouse HT0832♦ HT0959 Chalybeate Springs Historic District C iM•IH ouse l� Ho HT0831 HT H 71167 House House HT0825 HT0824 House House/ H T0826 � H T0829 House House H T0ent HT0828/ Davitl Henry Senter House House HT0174 HT0823 House R. B. Johnson House HT0822 H T0376 Service Station/Store House ew�H T0821 / HT0827 Garage&Barbershop A. A. Johnson House HT0820 / House House HT0818 H T0900 Commercial building H T0377 ..d House = HT0819 HT0816 House G HT0817 House ticldor H T0899 0.0'tcr � IyIy^ f 1� 4 pl NC SHPO Map Dove Property Sage Project # 2022.123 Prepared by: P. Beach August 17, 2022 1 inch = 2,000 feet 0 0.25 0.5 Miles Figure 4 N i Sage Ecological Services, Inc. Office: 919-335-6757 Cell- 919-559-1537 INC: Explore Location resources IPaC https:Hipac.ecosphere.fws.gov/location/P52QSXM5GJERLOHWVSZ... U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Harnett County, North Carolina w I Local office Raleigh Ecological Services Field Once t (919) 856-4520 IR (919) 856-4556 MAILING ADDb 5.s5 Post Office BoX 33726 Raleigh, Nc 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 2/606-148/ 1 of 10 2/2/2024, 12:49 PM INC: Explore Location resources https:Hipac.ecosphere.fws.gov/locatiowP52QSXM5GJERLOHWVSZ... Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. t 3. Log in (if directed to do so). 4. Provide a name and descrilai nr iol y ,i,,i pi )jet( . 5. Click REQ UEST SPECIES LIST. v Listed species- and their critical habitats are n'iai, i, c: by the EcologigaJ_5eryices Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oce,wic and Atn w, phcric Ad!Tr !nistrarinm ?NJOAA Fisheries). Species and critical habitats under the sole responsibiIiiy of r.ir:r-,.u. =i r,1,:=1 ii 01 E. nat liown on this list. Please contact NOAA_Fish eries for species under their Jurisdiction. 1. Species listed under the Endangered Species A are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the llsting status page for more Infprmation. IPaC only shows species that are regulated by USFWS (see FAQ). 2. 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_ The following species are potentially affected by activities in this location: Mammas NAME STATUS TrJccjJor�d`Bat Perimyotis sLbflavus Proposed Endangered Whereverfound 4o critical habitat has been designated for this species. t>tSRs.;LI.•.�.�s.h��,g�v�Sf2Cs1'��3 � NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Reptiles NAME STATUS 2 of 10 2/2/2024, 12:49 PM INC: Explore Location resources https:Hipac.ecosphere.fws.gov/location/P52QSXM5GJERLOHWVSZ... American Alligator Alligator mississippiensis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/776 Fishes NAME SAT STATUS Cape Fear Shiner Notropis mekistocholas Endangered Wherever found There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/6063 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Threatened Wherever found There is final critical habitat for this species. Your location does not overlap the critical habitat. https;//eco5.Nys.govAeCPbRtc esL51Ej f �01 Insects STAT Monarch Butterfly Dan�Ius plexippus Candidate _...c rfaiind v No critical habitat has been designated for this species. htxp,��cas_hNc.govlec{�peeiesl9743 Flowering Plants NAM STATUS Rough -leaved Loosestrife L,/sirnachia asperulaefolia Endangered No critical habitat has been designated for this species. hLtps:l/e cos. fw s,gQYL�sp��ti e—;•a/ Critical habit6ts Potential Offects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. There are no critical habitats at this location. You are still required to determine if your project(s) may have effects on all above listed species. 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 in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management 3 of 10 2/2/2024, 12:49 PM IPaC: Explore Location resources https:Hipac.ecosphere.fws.gov/location/P52QSXN45GJERLOHWVSZ... • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing= incidental -take -migratory -birds • 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/supplemental-information-migratory- birds -and -bald -and -golden -eagles -may occur -project -action 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, see the PROBABILITY OF PRESENCE SUMMARY below 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 Jul 31 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. h_Stns;lletos.fws.g v e p�necies17626 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 Supplemental information on Migratary Birds and Ea tes_', specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (it) I I 1 1, Each green bar represents the bird's relative probability of presence in the 1C)Rhi grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week rnomhs.) A (al ler bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of con ri(ioricc- in the presence score. One can have higher confidence In the presence score if the corresponding survey effort is also high. How is the probability of presence score calrsWoted? TI Ie calculation is done in three seeps 1. The probability of presence for each week i; calculmed (lie number of i,rvey events in the week where the species was detected divided by the total number of sorvey events for rhat week. =nr i .;ample, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the pi ob ibiliry W pi ,rC i;i the Spotted Towhee in week 12 i ; 0.25. 2. To properly present the pattern of presence across 0he year, the rel iris probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, Imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the proll,-l;iliry of presence at week 12 (0,25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 02 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall betwe''`en 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (p Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. 4 of 10 2/2/2024, 12:49 PM INC: Explore Location resources https:Hipac.ecosphere.fws.gov/location/P52QSXM5GJERLOHWVSZ... SPECIES JAN FEB MAR APR NIA1 JUM probabI of pre§61I btsdleding seSgdn I survey effort halo data Bald Eagle ++++ +wl+ +++111111 ++++ ++J 1 1 1 1 1 u I ++ ++++ ++++ *++I 1111+ *++110 Non -BCC Vulnerable What does IPaC use to generate the potential presence of bald and golden eagles in my specified location? The potential for eagle presence is derived from data provided by the Avian Knowledge Network (AKN). The AKIN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply). To see a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs of bald and golden eagles in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKIN data is based on a growing collection of SQy, ban rydine �7d citizen scj�Cr da as c and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attentic In because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds -hat may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Lo_catoLftLLT�2P1- What if I have eagles on my list? If your project has the potential to disc,:: b or kill eagles, you may need to obtain a permit to avoid violating the EagEe Act should such impacts occur. Please contact your local r::,l :,,ti ;^;1LI a service Field Office if you have questions. 9 Migratory birds Certain birds are protected under the Migratory Bird Treaty Acts and the Bald and Golden Eagle Protection Act?. 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 in the links below. Specifically, please review the 5-up.12lementaI Information on Migratory Birds and Eag[es". 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eag a Pr tectlortAct of 1940. Additional information can be Found using the following links: Eagle Management I1ttp3; /wWw fws.gQyLpmgrarn gle-managlI Measures for avoiding and minimizing impacts to birds tttps://www.fws.gov/library/callections/avoidinp,-and-minimizing- incidental-take-migrato -birds Nationwide conservation measures for birds docunmt5/nat6onwide-standard- conservation-measures.psj_f . 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 The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON 5 of 10 2/2/2024, 12:49 PM INC: Explore Location resources https:Hipac.ecosphere.fws.gov/location/P52QSXM5GJERLOHWVSZ... American Kestrel Falco sparverius paulus Breeds Apr 1 to Aug 31 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to Jul 15 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug 25 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Eastern Whip -poor -will Antrostomus vociferus Breeds May 1 to Aug 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and 01"N 0 Alaska. .r Prairie Warbler De,)d,o�ca cli ,: _ -)r Breeds May 1 tojul 31 This is a Bird of Conservation Concern (BCCj throughout its range in the continental USA and Alaska. Prothonotary Warbler ,- .i,,i : ,) `rr,a Breeds Apr 1 to Jul 31 This is a Burd of Conservation Concern (BCC} throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of conservation Concern (BCCj only in particular Bird Conservation Regions (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. 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 "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and 6 of 10 2/2/2024, 12:49 PM INC: Explore Location resources https:Hipac.ecosphere.fws.gov/location/P52QSXM5GJERLOHWVSZ... the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data [ ) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season I survey effort — no data SPECIES aAN FEEL MAR MAY J\I ,�!� =UG SEP OCT NOV DEC American Kestrel { I} I j I I+ I I+ I 1 .I` 1 1 11 11 I BCC- BCR Bald Eagle IIII IIII I) i l l I I I I� 1 1 IIII IIII IIII all 116d li, {i I Nan -BCC Vulnerable Brown -headed Nuthatch BCC -BCR Chimney Swift { j-4 IIII 1 1 1 IIII I I I I p I I IIII IIII IIII I) F I }+i j BCC Rangewide (CONY Eastern whIp-poor-will 1 1 1 1 {}} `' f I I I !III } I IIII 1 1 I IIII III { I I 11 I M } 14 I BCC Rangewide (CONY Prairie Warbler IwJ t I } I I+ I III I I I Ili I I I I I I I I I I I I I I I I II I III { p I I I I b {{ BCC Rangewide (CON) Prothonotary Warbler d I I t !) ! I I I I I BcC Rangewide (CON) Red-headed Woodpecker -1 + 14 1 C I I I +"t I I I I I 11 II' IIII 111 1 It L I- -1 1 III 6 1 111 BCC Rangewide (CON) Rusty Blackbird ++++ ++++ +ON+ ++++ ++++ ++++ ++++ ++++ ++++ ++++ +++1 +++* BCC -BCR Wood Thrush ++++ ++++ ++++ +00+ ++++ ++++ 0++-I- ++++ ++++ ++++ ++++ BCC Rangewide (CON) Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKIN data is based on a 7 of 10 2/2/2024, 12:49 PM INC: Explore Location resources https:Hipac.ecosphere.fws.gov/location/P52QSXM5GJERLOHWVSZ... growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your projec , , 7 „ +vir •, 6.r hi. r i inr4rin , n F•r y i I -}, r.d I m, v i,ni ^r.,tion using the RAIL Tool and look at the range maps provided for -rii ,n ; I ui r.lie profile provided for each Uf 11 r i r•:=, . If a bird on your migratory bird species list has a breeding season as d .:i F, it r I. n ',,II ;i Cxur in your project area, there m sv :n- s present T'lt some point within the timeframe specified. if "Breeds elsewh -- I P I i r my does not breed in your prn.. i . r What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Jairds of Canservatian Concern (BCC) that are of concern throughout their i'anglikanyW6k'Wihin the USA (incicding Hawaii, the Pacific Islands, Puerto Rico, and the Virgin islands); v 2. "BCC - BCR° birds are BCCs that are of concern only in particular Bird Conservation Regions (BCF(s) �ri the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on you'trlist eititerbec.ause of the Eagle Act requirements (tor eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy develrpnnent or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements For eagles, please see the FAQs For these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and ,abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Nort aeast Oceans Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Altemateiy, you may download the bird model results files underlying the portal maps through the N06A NCCQ Lategrative_5tatistical Modeling and Pre diciiye Mapping of Morin Bird -Distributions and A un a c ❑n the Atlanlicouter Continental, hilt project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relyirg on survey data may not include this information, For additional Information on marine bird tracking data, see the ❑iying Bird Study and the nanotag studies or contact Caleb S.piegeJ or Pam Loring. What if I have eagles on my list? if your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 8 of 10 2/2/2024, 12:49 PM INC: Explore Location resources https:Hipac.ecosphere.fws.gov/location/P52QSXM5GJEPLOHWVSZ... Facilities National Wildlife Refuge lands 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 at this location. Fish hatcheries There are no fish hatcheries at this location. Wetlands in the National Wetlands Inventory (NWI)u Impacts to NWmetlands and other aquatic habitats maybe subject to regulation under Section 404 of the Clean W9ter Act, or other State/Federal statutes. For more information please contact the Regulatory Prograrr of the local U_ _ ,Atmy_C_cjps of Engineer.5Distr_ict. Please note that the NWI data being shown may be out of date. We are currently working M*glfate our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands tin site. This location overlaps the following wetlands: FRESHWATER FORESTED/SHRUB WETLAND PF{]7A 4 FRESHWATER POND P UBKh,. RIVERINE R456 UU-13 A full description for each wetland code can be found atthe Natlonal Wetlands InventaW web; its NOTE: This initial screening dues not replace an on -site delineation to determine Whether wetlands occur. Additional information on the NWI data is provided below. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, 9 of 10 2/2/2024, 12:49 PM lPaC: Explore Location resources because of their depth, go undetected by aerial imagery. https:Hipac.ecosphere.fws.gov/location/P52QSXM5GJERLOHWVSZ... Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. 00,10 FOB �O 10 of 10 2/2/2024, 12:49 PM Roy Cooper, Governor ■■■10 INC DEPARTMENT OF ■■ ■■ NATURAL AND CULTURAL RESOURCES ■ ONE February 2, 2024 Kim Hamlin Sage Ecological Services, Inc. 3707 Swift Drive Raleigh, NC 27606 RE: Bloom Subdivision; 2022.123 Dear Kim Hamlin: D. Reid Wilson, Secretary Misty Buchanan Deputy DirectDr, Natural Heritage Program Iff \��1iUDIWZA 01M 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 the NCNHP at natural.heritage�dncr.nc.gov. Sincerely, NC Natural Heritage Program DEPARTMENT OF N.A,TUFZAI. ANC) Cui_TURAL RESOUPCES W '1 1 , , I�h:f S hFF?FeT'. can! 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PLAN23040001) COUNTY zoNINCADMINISTRATOR 0ARNETT86000 PIN: 0654243186 000 TOTAL ACREAGE i176 412 AD (EXCLUDES EXI STING RIVE TOTAL WETLAND AREA: C3z05AD �''� �`� �ti - �:✓� �j ////=1�`� �# TOTAL STREAM LENGTH: ±9306 FEET PUBLIC (H PROPOSEDWATER SUPPLY REGIONALWAT C RNETT A ER PROPOSED SEWER PRIVATE (INDIVIDUAL SEPTIC) Af i PROPOSED STORMWATER LOW DENSITY W/ VEGETATED CONVEYANCE (NO PERMANENT SCM) vpNF Im&CREED EXISTING CONDITIONS MAP Scale: 1"=350' 4300 Edwards Mill Rd, Suite 200 Raleigh, North Carolina 27612 1 0 350 700 0:919.233.8091 F:919.233.8031 Bloom Subdivision Date: January 24, 2024 o o o � I i �2 �� \ v 5 o � �41Q\ O O \� I 8 „6 0 115 R/W / 4 R /W 113 (( 110 112 11 � I 2 109 28 27 13 \ . I 08 26 14 \ n 05 104 I M PACT 1 25 5 \l _ 24 8 I 67 I 68 10 66 O 22 8 65 I 61 I 21 fi 4 70 20 19 1 � 71 63 g l 62 61 C IMPACT 2 60 96 29 \ `I 59 30 / 95 75 / 94 r 57 92 32 78 1/ _ 56 91 33 I � - 79 90 34 I J I 55 81 88 35 JJJ 54 82 87 _ (`(111111 53 83 (1 1( \ 51 85 37 J 49 50 38 � 39 48 41 40 43 42 46 44 4&MFKW&CREED OVERALL IMPACT MAP Scale: l"=350' 4300 Edwards Mill Rd, Suite 200 Raleigh, North Carolina 27612 1 0 350 700 0:919.233.8091 F:919.233.8031 Bloom Subdivision Date: January 24, 2024 v �NF M&CREED 4300 Edwards Mill Rd, Suite 200 Raleigh, North Carolina 27612 0:919.233.8091 F:919.233.803' i 30'HARNETTC I UNTY S IREAMBUFFER \ IMPACT #1 (W-1) \ PROPOSED PERMANENT WETLAND IMPACT _ ROAD CROSSING \ (1950 S.F.) `EXSTING \\\ WETLAND\ \ \ \ 2 I I I I I I I I\ \ STREAMCENTERL/NE \\\0\ .el 1� IMPACT #2 (W-2) PROPOSED PERMANENT WETLAND IMPACT SITE GRADING (185S.F.) TING POND Scale: 1"=50' IMPACTS 1 & 2 0 25 50 Date: Bloom Subdivision Jan. 24, 2024 Waters Name ,dM, tqkd& I Cowardin_Codel HGM Code Meas_Typej Amount Units I Waters -Type I Latitude I Longitude I Local Waterway WA-01 NORTH CAROLINA PFO RIVERINE AREA 0.005 ACRE DELIN.PJD-404 35.52480000-78.82120000 Hector Creek WA-02 NORTH CAROLINA PFO RIVERINE AREA 0.92 ACRE DELIN.PJD-404 35.52310000-78.82000000 Hector Creek WB-01 NORTH CAROLINA PFO RIVERINE AREA 0.24 ACRE DELIN.PJD-404 35.52680000-78.82390000 Hector Creek WB-02 NORTH CAROLINA PFO RIVERINE AREA 0.78 ACRE DELIN.PJD-404 35.52780000-78.82390000 Hector Creek WC-01 NORTH CAROLINA PFO RIVERINE AREA 0.01 ACRE DELIN.PJD-404 35.52100000-78.82150000 Hector Creek WC-02 NORTH CAROLINA PFO RIVERINE AREA 0.04 ACRE DELIN.PJD-404 35.52120000-78.82180000 Hector Creek WC-03 NORTH CAROLINA PFO RIVERINE AREA 0.22 ACRE DELIN.PJD-404 35.52190000-78.82270000 Hector Creek WD-01 NORTH CAROLINA PFO RIVERINE AREA 0.01 ACRE DELIN.PJD-404 35.51710000-78.82720000 Hector Creek WD-02 NORTH CAROLINA PFO RIVERINE AREA 0.01 ACRE DELIN.PJD-404 35.51770000-78.82700000 Hector Creek WD-03 NORTH CAROLINA PFO RIVERINE AREA 0.08 ACRE DELIN.PJD-404 35.51800000-78.82730000 Hector Creek WD-04 NORTH CAROLINA PFO RIVERINE AREA 0.78 ACRE DELIN.PJD-404 35.51920000-78.82740000 Hector Creek WD-05 NORTH CAROLINA PFO RIVERINE AREA 0.31 ACRE DELIN.PJD-404 35.52210000-78.82620000 Hector Creek Pond 1 NORTH CAROLINA POW DEPRESS AREA 0.8 ACRE DELIN.PJD-404 35.52160000-78.82230000 Hector Creek Pond 2 NORTH CAROLINA POW DEPRESS AREA 5.25 ACRE DELIN.PJD-404 35.52670000-78.82510000 Hector Creek SA NORTH CAROLINA R3 RIVERINE Linear 1670 FOOT DELIN.PJD-404 35.51600000-78.82430000 Hector Creek SAA NORTH CAROLINA R3 RIVERINE Linear 1530 FOOT DELIN.PJD-404 35.51660000-78.82740000 Hector Creek SAB NORTH CAROLINA R4 RIVERINE Linear 3500 FOOT DELIN.PJD-404 35.51790000-78.82250000 Hector Creek SAC NORTH CAROLINA R4 RIVERINE Linear 570 FOOT DELIN.PJD-404 35.52090000-78.82120000 Hector Creek DGSA NORTH CAROLINA R4 RIVERINE Linear 250 FOOT DELIN.PJD-404 35.52450000-78.82150000 Hector Creek DGC-1 NORTH CAROLINA PFO RIVERINE Area 0.001 ACRE DELIN.PJD-404 35.52120000-78.82080000 Hector Creek met me ���ti Re�� _lvae���� �Imaza_���eo��Amo �Ivae�Amo _����l���zllv��ao= �lIIt, zllvHlop—d_III It,zllv_HoloaoI �YLPosed_��ao�d_���ao=ed�H��'l;d_�A��NI�d_�A�mo��°—��eti���No� WG9 Im ,Y1-RozaCus q oiscM1zrgz offill mztanal No, I tlzl Wztlzntl YES Pertnz— FIIIArez Acres Lengtl� VNtltl� HmountIo4 engt Ntl mou W13 Imp 11 R- C,o,snp -Grldi oiscM1arge offill mztanal NorvriazlWz-YES Pertnznent FIIIA— Acres oo. Electronic Transmittal U.S. ARMY CORPS OF ENGINEERS WILM1NGTON DISTRICT Action Id. 5AW-2023-00998 County: Harnett U.S.G.S. Quad: NC-Fuauav-Varina NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Elizabeth Dove Address: 7412 Hares Mill Road Raleiurh, NC 27615 Telephone Number: 919-744-7965 E-mail: Elizabeth doye(a),,hotmail.com Size (acres) 176.88 acres Nearest Town Chalybeate Sprirws Nearest Waterway Hector Creek River Basin Cape Fear USGS HUC 03030004 Coordinates Latitude: 35.5226 Longitude:-78.8234 Location description: The project is located on both the north and south sides of Spence Mill Road approximately 0.7 of a mile west of the intersection with US 401 near Fuauav-Varina in Harnett County. PIN: 0654-2.4-3186 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 8/30/2023. Therefore this preliminary jurisdiction detennination 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 arealproperty 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. ❑ 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. Page 1 of Form Version 10 June 2020_updated SAW-2023-00998 ❑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 (LAMA). 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 Array pcnnit 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 detennination and/or the Corps regulatory program, please contact Katharine Elks at (910) 251-4567 or katharine.h.elksCa)usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 08/31/2023. D. Remarks: None E. Attention USDA Program Participants This delmeation/detertmination 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. SHANNIN@USACE.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 fond, it must be received at the above address by Not annlicable. **It is not necessary to submit an RFA form to the Division Office ifyou do not object to the determination in this correspondence.** SAW-2023-00998 }a r Digitally signed by Katharine Elks Corps Regulatory Official: Katharine i n e E s Date. 2023.08.30 16:51:25-04'00' Date of JD: 08/31/2023 Expiration Date of JD: Not anntieahle. 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 https://regulatory. ops.usace. army.miUcustomer-service-survey/. Copy Furnished: Da` -id Gainey, Sage Ecological Services, Inc. (went) NOTE: Location, shape and size of depicted features on the evaluated site are approximate and should be surveyed by a licensed NC surveyor for final site planning. NOTE: This map is based on the site meeting with Katharine Elks of the USACE Wilmington Regulatory Field Office on August 22, 2023. Map Location CFIATHAM WAKE LEE 0 JOHNSTON HARNETT Y; Polen<ial wetland wO US ' We-1'�' ! d 24 Acre,, "weal 4ve19ew Wous l a„� Acr may,. a Legend .tlarld WOVS = Project Study Area !?Otential r'tCRWetland woos e Culvert Crossing SA= *F'1670 LP O Data Points Y ----• Intermittent Stream - Jurisdictional Waters of the US Perennial Stream - Jurisdictional Waters of the US Wetlands - Jurisdictional Waters of the US Y ® Pond - Jurisdictional Waters of the US — 6 "" r �. Es. 1 �xar Eathiar gray es arC the GIS.V a �ni Post USACE Meeting Preliminary Jurisdictional Determination N Figure 3 Wetland Sketch Map Dove Property Drawn By. Sage Project # 2022,123 David Gainey August 30, 2023 Sage Ecotb9ical Services, tnc. Offtce: 919-335-6757 0 200 400 Feet C®II: 919.559.1537 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Elizabeth Dove File Number: SAW-2023-00998 Date: 08/31/2023 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 Q PRELIMINARY JURISDICTIONAL DETERMINATION j 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/Repulatory- Program-and-Permitslappeals/ 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 11 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 Philip.A.Shannin2 a.usace.armv.mil 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 1 b-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: 08/31 /2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Elizabeth Dove, 7412 Harps Mill Road, Raleigh, NC 27615 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Dove Property_Spence Mill Rd., SAW-2023-00998 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located on both the north and south sides of Spence Mill Road approximately 0.7 of a mile west of the intersection with US 401 near Fuquay-Varina in Harnett County. PIN: 0654-24-3186 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Harnett City: Chalybeate Springs Center coordinates of site (lat/long in degree decimal format): Latitude: 35.5226 Longitude:-78.8234 Universal Transverse Mercator: Name of nearest waterbody: Hector Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑Office (Desk) Determination. Date: ®Field Determination. Date(s): 8/22/2023 TABLE OF AQUATIC RESOURCES IN REVIEW 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 See attached TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount Geographic authority to of aquatic resources Type of aquatic which the aquatic resource Site Number Latitude (decimal Longitude in review area resources (i.e., "may be" subject (i.e., degrees) (decimal degrees) (acreage and linear wetland vs. non - Section 404 or Section feet, if applicable wetland waters) 10/404 WA-01 35.5248 -78.8212 0.005-ac Wetland 404 WA-02 35.5231 -78.8200 0.92-ac Wetland 404 WB-01 35.5268 -78.8239 0,24-ac Wetland 404 WB-02 35,5278 -78.8239 0.78-ac Wetland 404 WC-01 35.5210 -78.8215 0.01-ac Wetland 404 WC-02 35.5212 -7K.5-' 1 h 0.04-ac Wetland 404 WC-03 35,5219 -78.9227 0.22-ac Weiland 404 WD-01 35.5171 -78.8272 0.01-ac Wetland 404 WD-02 35,5177 -78.8270 0.01-ac Wetland 404 WD-03 35.5180 -78.8273 0.08-ac Wetland 404 WD-04 35.5192 -78.8274 0.78-ac Wetland 404 WD-05 35.5221 -7S. 0.31-ac Wetland 404 Pond 1 35.�']ra -"�.�;.� ,7 i_8[}-ac Non -wetland 404 Water Non -wetland Pond 2 35.52(�l -"5.�?51 5?5-ac 404 Water SA 35.5160 -78.8243 1,670-1f Non -wetland 404 Water Non -wetland SAA 35.5166 -78.8274 1,530-1f Water 404 Non -wetland SAB 35.5179 -78.8225 3,500-1f Water 404 SAC ;;. -09 -78.8212 570-1f Non -wetland 404 Water DGSA 35.5245 - 8215 250-If Non -wetland 404 Water DGC-1 35.5212 -78.8208 0.001-ac Wetland 404 1 2. 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. 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 AJD 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 AJD 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: Dove Stream and. Wetland Sketch Map — Figure 3 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: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. N U.S. Geological Survey map(s). Cite scale & quad name: 1:24.000 Fuquay-Varina, NC Quadrangle ® Natural Resources Conservation Service Soil Survey. Citation: Harnett County Soil Survey ( Sheet 2) ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: ® Photographs: ❑Aerial (Name & Date): (National Geodetic Vertical Datum of 1929) or ®Other (Name & Date): Site Photos ❑ Previous deterrrtination(s). File no. and date of response letter: ❑ Other in formation (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 � } [,, 7 e n C I I ` c Digitally signed by Katharine Elks L[ 1 a 1 I L k s Date: 2023.08.30 16.52:57 ."OV Signature and date of Regulatory staff member completing PJD May 1, 2023 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t 1 Districts may establish timefxames For requester to return signed PJD forms. If the requester 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.