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HomeMy WebLinkAbout20161071 Ver 1_401 Application_20161116 Y CAROUNA 3040 NC I Iwy 42 West;Clayton.NC 27520 E SEINC. P:919-606-1065-F:919-585-5570 November 1, 2016 Ms. Karen Higgins NC DEQ—DWR—401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699 Z, Q IS RE: After-The-Fact Neuse River Riparian Buffer Authorization Request IVUV 0 D Laurel Oaks Subdivision 4 2016 Franklin County,North Carolina 4pQ-WgT 1ERR $BUFF R p RMI e Dear Ms. Higgins, Carolina Ecosystems, Inc., on behalf of Winslow Custom Homes, LLC and CAA Engineers, Inc., has prepared the attached Pre-Construction Notification (PCN) for the above referenced project as an after-the-fact Neuse River Riparian Buffer Rules (NBR) authorization request. Construction utilized non-reporting approvals under Clean Water Act Section 404 Nationwide Permit 12 and Section 401 General Certification No. 3884. The project is a residential subdivision located on the north side of Holden Road in Youngsville,NC. The attached PCN form provides information for use in your review of the impacts to streams and buffers associated with this project. Supplemental information is provided in this cover letter and in the attachments including a Vicinity map, USGS map, Jurisdictional Features map,NRCS map, Impact map, and Species map. CAA Engineering, Inc. has provided the attached site plans for your review. Proposed Impacts and Mitigation All impacts associated with the subdivision have been avoided with the exception of a sewer line that must run downhill to connect with an existing gravity line. The sewer line crossed two perennial streams (both class C;NSW) with no permanent impact below ordinary high water mark. The temporary stream impacts were 26 and 36 linear feet, respectively (total 62 linear feet). Stream crossings were perpendicular and the permanent right-of-way will be 10 feet wide. This is an after-the-fact permit because the clearing for the stream crossings has already occurred and has exceeded the 40-feet maximum riparian buffer threshold to be designated as `exempt' per the NBR. The disturbance is designated as 'allowable' under the NBR with zone one and two impacts totaling 5,434 and 4,107 square feet, respectively. Because clearing of the construction corridor exceeded the 40-foot exempt threshold,NC DWR requested the applicant ensure woody trees are present. Either volunteers or plantings could be used to satisfy this request, so long as a minimum density of 320 stems per acre is achieved. The total impact beyond the exempt corridor is 1,482 square feet(Figure 5). To achieve a minimum density of 320 stems per acre, a minimum of l I sap]ings must be present or planted. Ms. Karen Higgins Laurel Oaks Subdivision November 1, 2016 Page 2 of 2 On October 26, 2016, CEI visited the impact areas (Figure 6) and documented 16 trees, including 12 tulip poplar(Lirio(lemlron tulipifera), two red oak(Quercus rubra), one river birch (Betula nigra), and one persimmon (Dio,spyros i4rginiana). Approximately 20 sweetgum (Liquidambar styraciflua) saplings, and two shrubs, both winged sumac(Rhus copallinum),were also observed. Excluding the shrubs and sweetgum saplings, the volunteer density of native saplings is 470 stems per acre.No additional plantings are proposed. If you have any questions or need additional information, please contact me at your earliest convenience at(919) 274-5979 or Chris.hopper(i;,,.carolinaeco.com. Sincerely, Carolina Ecosystems, .lne. � T-_ r , Chris hopper Senior Environmental Scientist Attachments: Project Information Sheet Pre-Construction Notification Form Figure 1: Vicinity Map Figure 2: U.SGS Map Figure 3: Jurisdictional Features Map Figure 4: NRCS Map Figure 5: Impact Map Figure 6: Species Map Engineering Plans o��o wa7a� Office Use Only: t i �? Corps action ID no. ' # DWQ project no. Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant information 2 c 1 6 1 0 7 1. Processing 1 a.Type(s)of approval sought from the Corps: Section 404 Permit Section 10 Permit 1 b. Specify Nationwide Permit(NWP) number: or General Permit(GP) number: 1 c. Has the NWP or GP number been verified by the Corps? INo _._..............__.....---......................................................................................._......-_..._................................. . --- - 1 d. Type(s)of approval sought from the DWQ (check all that apply): 401 Water Quality Certification-Regular Non-404 Jurisdictional General Permit 401 Water Quality Certification-Express X Riparian Buffer Authorization ---._..........................-.._............................................................................................................................................................................................................--...-............................---._............................................__.........................__...................._...----.................. ---................ 1 e. Is this notification solely for the record For the record only for DWQ For the record only for Corps Permit: because written approval is not required? 401 Certification: No Yes Yes If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu No fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? 2. Project Information 2a. Name of project: Laurel Oaks Subdivision 2b. County: Franklin 2c. Nearest municipality/town: Youngsville Zd. Subdivision name: Laurel Oaks 2e. NCDOT only,T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Holden Development, LLC 3b. Deed Book and Page No. I PINs 1842-98-9019 and 1852-08-3490 3c. Responsible Party(for LLC if applicable): Matthew Winslow 3d. Street address: PO Box 610 3e. City; state, zip: Youngsville, NC 27596 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form-Version 1.4 January 2009 4.Applicant Information (if different from owner) 4a.Applicant is: Agent 4b. Name: 4c. Business name Holden Development (if applicable): 4d. Street address: PO Box 960 4e. City,state, zip: Youngsville, NC 27596 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5.Agent/Consultant Information(if applicable) 5a. Name: Chris Hopper 5b. Business name Carolina Ecosystems, Inc (if applicable): 5c. Street address: 3040 NC Hwy 42 W 5d. City,state,zip: Clayton, NC 27520 5e.Telephone no.: 919.274.5979 5f. Fax no.: 919.585.5570 5g. Email address: chris.hopper@carolinaeco.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): See Table 1. On Page 2. 1 b. Site coordinates(in decimal degrees): Latitude: 36.0244 Longitude: -78.4924 1c. Property size: acres 32.06 2. Surface Waters 2a. Name of nearest body of water to proposed project: Richland Creek 27-21-(0.5) 2b.Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The proposed project is bounded on the west by an existing subdivision,to the north by undeveloped timber/agricultural land,to the east by rural agriculture/residential, and to the south by Holden Road and an existing church. 3b. List the total estimated acreage of all existing wetlands on the property: 0.52 3c. List the total estimated linear feet of all existing streams(intermittent and perennial)on the property: 2,076 3d. Explain the purpose of the proposed project: The project will be a 61-lot residential subdivision located west of the Town of Youngsville. 3e. Describe the overall project in detail, including the type of equipment to be used: Land clearing has taken place along with installation of erosion control devices. Road and utility infrastructure has been built per the attached plans. Construction is utilizing the typical equipment, including dozers,excavators, backhoes, pans,and dump trucks. 4.Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property/ No project(including all prior phases) in the past? 4b. If the Corps made the jurisdictional determination,what type Preliminary is requested concurrent with this of determination was made? application 4c. If yes,who delineated the jurisdictional areas?Name Agency/Consultant Company: (if known): Chris Hopper Carolina Ecosystems, Inc. 4d. If yes: list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The USACE visited the project site on September 28, 2016 to review impacts, and confirmed that installation met non- reportable requirements for use of NWP 12.- 5. Project History 5a. Have permits or certifications been requested or obtained for this project(including all prior phases) in the past? NO 5b. If yes, explain in detail according to"help file"instructions. 6. Future Project Plans 6a. Is this a phased project? No 6b. If yes, explain. Page 3 of 10 PCN Form—Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a.Which sections were completed below for your project(check all that apply): Wetlands Streams—tributaries X Buffers X Open Waters Pond Construction 2.Wetland Impacts If there are wetland impacts proposed on the site,then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number i Corps(404,10)or impact Permanent(P)or DWQ(401,other) (acres) Tempora (T) None j _._................................._..................................._..........__............................ ......................_._....... ---.—._._.... 2g. Total Wetland Impacts: 2h, Comments: 3.Stream Impacts If there are perennial or intermittent stream impacts(including temporary impacts)proposed on the site,then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e, 3f. 3g. Stream impact Type of impact Stream name Perennial(PER)or Type of Average Impact number intermittent(INT)? jurisdiction stream length Permanent(P)or ' width (linear Temporary(T) (feet) feet) S1 - T Sewerline UT Richland Perennial 404 4 26 Installation Creek S2 T Sewerline Richland Creek Perennial 404 10 36 Installation 3h.Total stream and tributary impacts 62 3i. Comments: Non-reporting use of NWP 12. Field-confirmed with USACE on September 28, 2016. Page 4 of 10 PCN Form—Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries,tributaries, sounds,the Atlantic Ocean, or any other open water of the U.S.then i dividually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody (if impact number applicable Type of impact Waterbody Area of impact Permanent(P) type (acres) or Temporary (T 01 None 4f.Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed,then complete the chart below. 5a. Pond ID 5b. Proposed 5c. 5d. 5e. number use or purpose Wetland Impacts(acres) Stream Impacts(feet) Upland of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 None 5f.Total: 5g. Comments: ..............-----...........................__.................._........................................... --------- ----.............------ 5h. Is a dam high hazard permit required? If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed(acres): 5k. Method of construction: 6. Buffer Impacts(for DWQ) If project will impact a protected riparian buffer,then complete the chart below. If yes,then individually list all buffer impacts below. If any impacts require mitigation,then you MUST fill out Section D of this form. 6a. Project is in which protected basin? X Neuse Tar-Pamlico Catawba Randleman Other: 6b. 6c. 6d. ! 6e. 6f. 6g. Buffer Impact Reason for impact Stream name i Buffer Zone 1 Zone 2 number— i mitigation impact impact Permanent(P)or I required? (square (square Temporary(T) feet) feet) B1 —P and T Perpendicular UT Richland Creek No 2,888 2,546 Crossing 62—P and T PeC eodinular Richland Creek No 2,371 1,736 B3 i B4 6h.Total Buffer Impacts: 5,434 4,107 6i. Comments: Permanent impacts are limited to the 10-feet maintenance corridor for the sewer line. Due to a miscommunication,the 40- feet disturbance threshold per the Neuse Buffer Rules was exceeded during construction, resulting in an additional 661 and 821 sq ft of disturbed zone one and two riparian buffer, respectively. The above-listed impacts include these exceedances. Page 5 of 10 D. Impact Justification and Mitigation 1.Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The project has revised its lot layout to exclude all wetland areas from future home footprints.Only the proposed sewer line was unable to avoid crossing jurisdictional areas. Crossings were accomplished perpendicular to stream channels:and crossing widths have been minimized to 26 feet along the UT Richland Creek, and 36 feet along Richland Creek;the narrowest possible widths to accommodate construction. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All erosion and sedimentation control devices were installed prior to ground disturbing activities. Clearing of the sewer line crossings was performed during dry conditions to the extent practicable. 2.Compensatory Mitigation for Impacts to Waters of the U.S.or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? No 2b. If yes, mitigation is required by(check all that apply): None Mitigation bank 2c. If yes,which mitigation option will be used for this Payment to in-lieu fee program project? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Type: Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Quantity: Type: Quantity: 3c. Comments: 4.Complete if Making a Payment to In-lieu Fee Program 4a.Approval letter from in-lieu fee program is attached. No 4b. Stream mitigation requested: 0 linear feet 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non-riparian wetland mitigation requested: 0 acres -4g. Coastal tidal wetland mitigation requested: 0 acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan Page 6 of 10 PCN Form—Version 1.4 January 2009 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation(State Regulated Riparian Buffer Rules)—required by DWQ 6a.Will the project result in an impact within a protected riparian buffer that requires No buffer mitigation? 6b. If yes,then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3(2 for Catawba) Zone 2 1.5 6f.Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). Because clearing of the construction corridor for sewer line installation across Richland Creek and one of its unnamed ributaries exceeded the 40-foot exempt threshold, NC DWR requested the applicant ensure woody trees are present. Either volunteers or plantings could be used to satisfy this request,so long as a minimum density of 320 stems per acre is achieved.The total impact beyond the exempt corridor is 1,482 square feet(Figure 5).To achieve a minimum density of 320 stems per acre, a minimum of 11 saplings must be present or planted. On October 26, 2016,CEI visited the impact areas(Figure 6)and documented 16 trees, including 12 tulip poplar (Liriodendron tulipifera),two red oak(Quercus rubra), one river birch(Betula nigra), and one persimmon (Diospyros virginiana). Approximately 20 sweetgum (Liquidambar styrociflua)saplings,and two shrubs, both winged sumac(Rhus opollinum), were also observed. Excluding the shrubs and sweetgum saplings,the volunteer density of native saplings is 470 stems per acre. No additional plantings are proposed. 6h. Comments: The construction corridor is greater than 40 feet but less than 150 feet of riparian buffer, and the permanent maintained corridor will be limited to 10-feet wide.These crossings are`allowable', per 15A NCAC 02B .0233(6). Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified Yes within one of the NC Riparian Buffer Protection Rules? 1 b. If yes,then is a diffuse flow plan included? If no, explain why. The crossings are allowable under the rules,and will be temporary disturbances No except for the permanent 10-feet wide maintained corridor.All surfaces will be graded vegetated, and stabilized prior to removing erosion and sediment controls. 2. Stormwater Management Plan 2a.What is the overall percent imperviousness of this project? 24 % 2b. Does this project require a Stormwater Management Plan? Yes 2c. If this project DOES NOT require a Stormwater Management Plan,explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Storm water calculations were performed for the development in accordance with standard general engineering practices using the Rational Method for runoff estimation. Runoff from the drainage areas on and off site is collected in storm water conveyance measures(cross pipes and ditches)and directed to discharge points. Velocity control measures are specified to provide non-erosive velocities at discharge points. Standard erosion control practices have been employed in accordance with approved S&EC plans. 2e. Who will be responsible for the review of the Stormwater Management Plan? 3.Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Youngsville 3b.Which of the following locally-implemented stormwater management programs NSW apply(check all that apply): 3c. Has the approved Stormwater Management Plan with proof of approval been No attached? 4. DWQ Stormwater Program Review Coastal counties HQW 4a. Which of the following state-implemented stormwater management programs apply ORW (check all that apply): Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been Yes X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No 5b. Have all of the 401 Unit submittal requirements been met? Yes No Page 8 of 10 PCN Form—Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public(federal/state/local)funds or the No use of public(federal/state)land? 1 b. If you answered"yes'to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental 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 NEPA or SEPA final approval letter.) N/A Comments: None required. 2.Violations(DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules(15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, Yes or Riparian Buffer Rules(15A NCAC 2B .0233)? 2b. Is this an after-the-fact permit application? Yes 2c. If you answered"yes'to one or both of the above questions, provide an explanation of the violation(s): The construction corridor for the two stream crossings has already been cleared; both crossings exceed the 40 feet riparian disturbance limit for the exempt designation of the Neuse Buffer Rules.An additional 661 and 821 sq ft of zone one and two riparian buffer has been disturbed, respectively. Prior approval was not secured for these impacts due to communication break-down with the construction contractor. 3. Cumulative Impacts(DWQ Requirement) 3a.Will this project(based on past and reasonably anticipated future impacts)result in No additional development,which could impact nearby downstream water quality? 3b. If you answered"yes'to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered"no,"provide a short narrative description. The project is a large-lot, single family subdivision with no plans for expansion. Lot lines have been adjusted to exclude impacts to jurisdictional areas. No future connections to the sanitary sewer collection system are anticipated. 4. Sewage Disposal(DWQ Requirement) ..._..................-- ......._................_...........................__...............-... -........ -----....... ..._....._....._—...- — 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge)of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated from the proposed project would flow to the Franklin County collection system.Wastewater is transferred to the Franklin County WWTP (Permit No. 0069311), a 3.0 MGD facility located at 1099 Lane Store Road in Franklinton, and discharging into a tributary of Cedar Creek. Page 9 of 10 PCN Form-Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat(Corps Requirement) 5a.Will this project occur in or near an area with federally protected species or No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? i USFWS Websitehttp://www,fws,gov/raleigh/species/cntylist/franklin.html,for Franklin County; North Carolina Natural Heritage 2016 Tier one Elemental Occurrences 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as essential fish habitat? No 6b.What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA EFH mapper: http://www.habitat.noaa.gov/protection/efh/efhmapper/ 7. Historic or Prehistoric Cultural Resources(Corps Requirement) 7a.Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation No status(e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b.What data sources did you use to determine whether your site would impact historic or archeological resources? HPOWEB Map Service http://gis.ncdcr.gov/hpoweb/ National Register of Historic Places http://www.nps.gov/nr/research/ 8. Flood Zone Designation (Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain? Yes 8b. If yes,explain how project meets FEMA requirements: The Town of Youngsville's Floodplain Administrator was contacted about the project. Per project owners,the Town found that construction was compliant with their ordinance. 8c.What source(s)did you use to make the floodplain determination? Floodplain Mapping Program http://www.ncfloodmaps.com/ C40 IS Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Q� 96 1 13 113 13 11 1 10 10 G{ t, �ot 1 f 96 ILP 4 n r � F' CAROLINA N Figure 1: ECOSYSTEMS, INC. O 0.25 0.5 g Property Boundary Vicinity Map 040 NC 42 West;Clayton NC,27520 SOMME==Miles (919)-606-9145 F:(919)-585-5570 USGS Named Stream Laural Oaks Franklinton(2013)USGS 1:24000 Quadrangle Map August 2016 Franklin County t l� OLDEN N 0 100 200Property Boundary Figure 2: CAROLINA 0-\-,* Perennial Stream ECOSYSTEMS Feet ® Wedand USGS Ma Franklinton(2013) NRB Zone 1 Lau ral Oaks October 2016 1:24K Quadrangle Map NRB Zone 2 Franklin County r ;r SAS -' r y �a y� � , •' , '� s WCA Richland CreekC •9WCB 4W, 4 �7 yr we • '#K';{ gay*$', ,. ��i ! �._ ., =.� •#z'�' ' q � tib;: A �� ,p ;a n 49 y j A. b Property i Figure CAROLINA00 200 LJurisdictional • , INRB Zone N. a gyp'6 4A, A tt k r 1 AAAA! well 1 il 47 I a F N Figure 4: CAROLINA 0 250 500 Figure ECOSYSTEMS Feet �Property Boundary NRCS Laural Oaks October 2016 NRCS Franklin County Soil Survey Map 9 Franklin County Buffer Impacts Outside 40' Corridor S2: 36 linear feet Buffer Impacts Zone 1: 580 sq ft Outside 40' Corridor Zone 2: 621 sq ft Zone 1: 81 sq ft �� Zone 2: 200 sq ft ........... ............ .. ............... ............. / S 1: 26 linear feet l Total Buffer Impacts Zone 1: 2,546 sq ft Zone 2: 1,736 sq ft Total Buffer Impacts ,i Zone l: 2,888 sq ft Zone 2: 2,371 sq ft !i CAROLINA N Q Construction Corridor Figure 5: ECOSYSTEMS 0 25 50 . Perennial Stream Impact Ma Feet Zone 1 Impact Laural Oaks October 2016 Zone 2 Impact Franklin County N • Lir o1 dendron tulipifera(12) O Construction Corridor Figure 6: CAROLINA • Rhus copalli2) Species Map ECOSYSTEMS 0 20 40 num( Zone 1 Impact Feet • Quercus rubra(2) ®Zone 2 Impact • Betula nigra(I) —•— PerennialStream Laural Oaks October 2016 O Diospyros virginiana(1) Franklin County