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HomeMy WebLinkAbout20190809 Ver 1_PCN Form Submission_20190613DR 02*10n of Water R"Ourc" Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned * Version#* 20190809 1 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Raleigh Regional Office - (919) 791-4200 Stephanie Goss:eads\szgoss Information for Initial Review 1a. Name of project: Adam's Vineyards 1a. Who is the Primary Contact?* Freddie Stancil 1 b. Primary Contact Email:* freddiestancil@stancilbuilders.com Date Submitted 6/13/2019 Nearest Body of Water Black Creek Basin Neuse Water Classification C; NSW Site Coordinates Latitude: 35.582846 A. Processing Information County (or Counties) where the project is located: Wake Is this project a public transportation project?* r Yes r No Longitude: -78.679857 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (NWP) F- Regional General Permit (RGP) r- Standard (IP) 1c. Primary Contact Phone:* (919)639-2073 1c. Has the NWP or GP number been verified by the Corps? r' Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: P 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 29 - Residential Developments 1e. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - E)press P Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r- Yes r No 19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r• Yes r- No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r- Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? Q Owner r Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? C Yes r- No 2. Owner Information 2a. Name(s) on recorded deed: Stancil Vineyards LLC 2b. Deed book and page no.: DB: 017114 / PG: 01088 2c. Responsible party: Stancil Vineyards, LLC 2d. Address Street Address 466 Stancil Road Address Line 2 City Angier Postal / Zip Code 27501-8342 2e. Telephone Number: (919)639-2073 2g. Email Address:* freddiestancil@stancilbuilders.com C. Project Information and Prior Project History 1. Project Information State / Rwince / lbjion North Carolina Country United States 2f. Fax Number: r- Yes r No r- Yes r No 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/town: Town of Fuquay-Varina 2. Project Identification 2a. Property Identification Number: 0696571218 2c. Project Address Street Address 3315 John Adams Road Address Line 2 City Fuquay-Varina Rxstal / Zip Cade 27592 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Black Creek 3b. Water Resources Classification of nearest receiving water:* C; NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12 -digit HUC in which the project is located. 030202011201 4. Project Description and History 2b. Property size: +/-42.9 State / Rovince / Ibgbn North Carolina Country United States 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The project site encompasses approximately 42.9 acres and is located along North Carolina Highway 42, approximately 320 feet west of the intersection of North Carolina Highway 42 and John Adams Road. The project site is bound by North Carolina Highway 42 to the north, John Adams Road to the east, and mixed pine -hardwood forests and agricultural fields to the south and west. Approximately 50% of the project site is comprised of agricultural fields. One existing pond and two dredged ponds cross the center of the property and comprise approximately 25% of the project site. In the southwestern portion of the site another open water feature comprises an additional 5% of the overall area. The remaining 20% of the project site is comprised of forested areas. There are forested and emergent wetlands located within the project site, in addition, there are perennial unnamed tributaries to Black Creek. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes F No r Unknown 4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Figure 1 - VIC.pdf 858.12KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Figure 5 - NRCS.pdf 622.8KB 4f. list the total estimated acreage of all existing wetlands on the property: 7.37 49. List the total estimated linear feet of all existing streams on the property: 286.28 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a single family residential subdivision with community cohesion and the necessary amenities within the southeastern section of Wake County. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed residential development, known as Adam's Vineyards, will consist of 32 single-family lots and amenities in addition to roadway, stormwater control measures (SCMs), and utility improvements (i.e. public water supply and sanitary sewer alignment). The project is located to the west of the intersection of North Carolina Highway 42 and John Adams Road. In addition, the project requires connection to existing utility easements that are located offsite. The proposed project requires 2,577 linear feet of road construction, resulting in a permanent impact of 0.24 -acres of POW wetland along the proposed road named Cabernet Franc Drive. In addition, a total of 0.12 acres of permanent Zone 1 buffer impacts and 0.093 acres of permanent Zone 2 buffer impacts will be impacted for the road crossing and associated grading. A 30 -inch Reinforced Concrete Pipe (RCP) culvert Will be countersunk underneath Cabernet Franc Drive to maintain the hydrologic connection between the up gradient and down gradient portion of the drainage system. The culvert outfall is designed with an energy dissipater pad constructed of class B riprap. Additional impacts to waters of the U.S. are not proposed. The proposed project is a single and complete project with appropriate land use control measures in place for specific areas which require them. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. 4j. Please upload project drawings for the proposed project. Adams Vineyards 2019-05-02 (No Seal).pdf 15.49MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: Delineation was conducted on August 8, 2018 and re -delineated on January 22, 2019. 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): George Buchholz, Ben Pursglove, Morgan Gilbert Agency/Consultant Company: Timmons Group Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Ajurisdictional determination request was submitted to Mr. James Lastinger of the USACE on February 1, 2019. Timmons Group conducted an on-site jurisdictional determination with Mr. Lastinger on March 26, 2019, however, the final PJD has not yet been received. A copy of the original PJD request is attached. Additionally, a Buffer Determination request was submitted to DWR on February 1, 2019. Based on consultation with Mr. Jason Robinson of DWR on February 19, 2019, a buffer determination could not be determined at the time of request due to the breach of ponds on the property. Mr. Robinson stated that buffers should therefore be applied to the top of bank of the former ponds on the property. Timmons Group performed an on-site inspection with DWR on March 29, 2019 to confirm buffers from the former ponds. The impact assessment was updated accordingly and buffering off of the former ponds is included in the Impacts Map attached below. A copy of this correspondence is also attached. 5dl. Jurisdictional determination upload 2019-1-31 PJD Package.pdf 17.99MB DWR_ Post_ Buffer_ Determination.pdf 834.8KB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): F Wetlands r Streams -tributaries W Buffers V Open Waters r Pond Construction 4. Open Water Impacts 4a. Site # 4al. Impact Reason _114b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Wate rbody type 4f. Impact area _11 Road crossing/gradin g/surface water impact Road crossing P Other Pond 0.24 4g. Total temporary open water Impacts: 0.00 49. Total open water impacts: 0.24 49. Total permanent open water impacts: 0.24 4h. Comments: The POW wetland impact associated with the proposed Cabernet Franc road crossing and grading (W1) is a permanent impact. The proposed road crossing will be installed with a 30 -inch Reinforced Concrete Pipe (RCP) culvert will be countersunk underneath Cabernet Franc Drive to maintain the hydrologic connection between the up gradient and down gradient portion of the drainage system. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Chock all that apply. rJ Neuse r Tar -Pamlico F- Catawba r Randleman F- Goose Creek r Jordan Lake F_ Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 7 impact 6g. Zone 2 impact Road crossing/grading P WA No 5,282 4,032 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 5,282.00 4,032.00 Zone 1 Zone 2 Total combined buffer impacts: 5,282.00 4,032.00 6i. Comments: Buffer impacts (Zone 1 and Zone 2) and permanent impacts associated with the proposed Cabernet Franc Road crossing and grading. Impacts have been minimized to the maximum extent practicable by aligning the road crossings through the buffer as close to 90 degrees as possible. The road crossings are less than one-third of an acre through the Neuse River buffer and less than 150 linear feet. Therefore, in accordance with the Neuse River Riparian Buffer Rules (15A NCAC 02B.0259) Table of Uses, the road crossing is considered an allowable use and mitigation is not required. Supporting Documentation Adams Vineyards Impact Maps 2019-06-10.pdf 1.23MB E. Impact Justification and Mitigation �J 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including the utilization of the wetland delineation to adjust the layout to avoid and minimize impacts. Avoidance and minimization measures were also accomplished during the design phase of the project. The proposed impacts are required in order for the project's goals to be realized. Additional wetland and stream impacts were avoided by aligning Cabernet Franc Drive around the perimeter of the project site to avoid the majority of wetland/open water features in the center of the site, while still allowing room for residential lots. Additionally, the proposed plans completely avoid the southwestern stream feature and associated wetlands. In order to minimize wetland impact, a 30 -inch Reinforced Concrete Pipe (RCP) culvert will be countersunk underneath Cabernet Franc Drive to maintain the hydrologic connection between the up gradient and down gradient portion of the drainage system. The culvert ouffall is designed with an energy dissipater pad constructed of class B riprap to control sediment. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, diversion ditches, temporary coffer dams, tree protection, clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stornmater Rules. Measures will be taken to prevent oil, tar, trash, debris and other pollutants from entering the adjacent jurisdictional features. Any excess excavated materials not utilized as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore, stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of disturbance within the jurisdictional streams. 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? r^ Yes S No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The proposed action will impact less than 1/2 -acre of non -tidal waters and will not result in the loss of stream bed. Further, the road crossing will impact greater than 40 linear feet but less than 150 linear feet of riparian buffer and affects less than one-third of an acre of riparian buffer, and is therefore an allowable activity. As such, no mitigation is required. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? d Yes O No If no, explain why: Achievement of diffuse flowwas not required for this project. The project consists of a ditch section subdivision with approximately 12% impervious surface. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: The proposed development is located within the Neuse River Basin and will be subject to the stormwater management requirements set forth in the Wake County Unified Development Ordinance (UDO). The proposed stormwater management plan will be designed to protect the downstream environment and incorporates biologically based stormwater management techniques to manage both water quantity and quality aspects of site runoff. Stormwater management will be accomplished by incorporating engineered Stormwater Control Measures (SCMs) throughout the project to capture and treat the stormwater runoff from developed areas and impervious surfaces. To mitigate for this, sixteen (16) vegetated ditches and three (3) temporary skimmer sediment basins will be onsite. The 16 vegetated ditches will surround the proposed impervious roadways and will be temporary lined during construction, and permanently lined with grass post -construction. All ditches will have a 3:1 side slope ratio and will be 18 inches deep. Skimmer Sediment Basins will be located adjacent to Lot 4, Lot 8 & 9, and Lot 14. Skimmer Sediment Basin designs and additional details are attached in Appendix D. If the development is built in accordance with the proposed stormwater management plan, then the requirements set forth in Wake County's LIDO will be met with the proposed SCMs. However, modifications to the proposed development may require that this analysis be revised. Some modifications that would require this analysis to be revised include: 1) the proposed site impervious surface exceeds the amount accounted for in the stormwater management plan and 2) the post -development watershed breaks change significantly from those used to prepare this report. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H.1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15ANCAC 28.0200)?* r Yes r No 2b Provide an explanation of the violation(s): Due to the indication that two of the ponds were drained, during DWR consultation it was determined that the Neuse River buffers for the proposed project would be extended from top of bank of the prior ponds, rather than stream top of bank. Therefore, the buffer area was expanded and surface water was included to the impacts. No formal letter has been received by NC DEQ DWR regarding violations. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The entire project is a single and complete project with appropriate land use control measures in place for specific areas which require them. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor IIA 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated from the project will be collected, treated and discharged by the Town of Fuquay-Varina's wastewater treatment system. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) Sa. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?' r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Timmons Group conducted a Threatened and Endangered Species Review for the proposed project using the USFWS Information for Planning and Consultation (IPaC) and North Carolina Natural Heritage Program (NCNHP). On May 13, 2019, a USFWS IPaC database reviewwas conducted (Appendix C, USFWS Consultation Code: 04EN2000-2019-SLI-0872; Event Code:04EN2000-2019-E-01991) to determine an Official Species List for the Site. Based on the IPaC database, the Official Species List listed the following species that may be present in the area of proposed action: red - cockaded woodpecker (Picoides borealis; Endangered), Atlantic Pigtoe (Fusconaia masoni; Threatened), Dwarf Wedgemussel (Alasmidonta heterodon; Endangered), Yellow Lance (Elliptic lanceolate; Threatened), and Michauxs sumac (Rhus michauxii; Endangered). On May 14, 2019, a NCNHP database review was conducted (Appendix C: NCNHDE-8983) to determine if any natural heritage resources are recorded within the project area. Based on the NCNHP review, no element occurrences or natural areas are documented within the project area. Element occurrences and natural areas are found within a one -mile radius of the project area. See database review attached for additional information. Consultation Documentation Upload 20190514 NHP T&E.pdf 1016.36KB Wake County T&E List.pdf 991.4KB 20190513 Offical IPaC.pdf 225.96KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The interactive map located at www.habitat.noaa.gov/protection/efh/efhmapper was utilized to determine if the project will impact Essential Fish Habitat and it was determined that no Habitat Areas of Particular Concern (HAPC) were identified at the site location. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* A reviewof the list of properties and districts in the North Carolina in the National Registry of Historic Places (https://gis.ncdcr.gov.hpov4eb) and research at the NC Office of State Archaeology 7c. Historic or Prehistoric Information Upload Adams Vineyard Cultural_resources_06132019.pdf 320KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA designated 100 -year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* The North Carolina Flood Insurance Rate Maps 3720069600J (issued May 2, 2006) was reviewed and it was determined that there is 100 -year floodplain area in the southwestern portion of the project area. A FEMA 100 -year floodplain is located in the southwestern portion of the site, however, no project development will occur within that area. Miscellaneous Comments Miscellaneous attachments not previously requested. Signature - P By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a 'transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Lauren Norris-Fieflin Signature Date 6/13/2019 TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. AGENT AUTHORIZATION and y PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner The Department of the Army NCDENR — Division of Water Resources US Army Corps of Engineers 401 & Buffer Permitting Unit Wilmington District 1650 Mail Service Center PO Box 1890 Raleigh, NC 27699-1650 Wilmington, NC 28402-1890 To Whom It May Concern: 1, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This the day of 2019._ (number) (Month) (Year) This notification supersedes any previous correspondence concerning the agent for this project. Project Name: Adams Vineyard Location: Fuquay-Varina, NC Property Owner's Property Owner's Property Owner's Property Owner's Telephone: 919 )439--20 ?3 Fax No. 919 1,3 9 " 8841 Property Owner's Email Address: t r54 ; eS�anL'; L', S-�4nC: :i Nk N 0 N U m N ZI V1 e LL r 0 +-1 Ln Ln C9 rn x a E 0 U N C O E E_ L 3 3 U.S.G.S. QUADRANGLE(S):DATE(S):WATERSHED(S):HYDROLOGIC UNIT CODE(S): TIMMONS GROUP JOB NUMBER :PROJECT STUD Y LIMITS:LATITUDE:LON GITUDE: ADAM S V INEYARDSWAKE COUNTY, NORTH CAROLINAFIGURE 1: VICINITY MAP 41143 35.582846-78.679857 42.9 ACRES ANGIER2016 03020201UPPER NEUSE (NEUSE RIVER BASIN) These plans and associated docum ents are the exclusive property of TIM MONS GRO UP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIM MONS GRO UP. Path: Y:\805\41143-Adams Vineyards\GIS\Common Shared Exhibits\41143-VIC.mxd 5 0 1,500 3,000 4,500 6,000Feet Site limits are approximate.Topographic imagery from USGS. Site Limits U.S.G.S. QUADRANGLE(S):DATE(S):WATERSHED(S):HYDROLOGIC UNIT CODE(S): TIMMONS GROUP JOB NUMBER :PROJECT STUD Y LIMITS:LATITUDE:LON GITUDE: ADAM S V INEYARDSWAKE COUNTY, NORTH CAROLINAFIGURE 5: NR CS SOIL SURVEY MAP 41143 35.582846-78.679857 42.9 ACRES ANGIER2016 03020201UPPER NEUSE (NEUSE RIVER BASIN) These plans and associated docum ents are the exclusive property of TIM MONS GRO UP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIM MONS GRO UP. Path: Y:\805\41143-Adams Vineyards\GIS\Common Shared Exhibits\41143-N RCS.mxd 5 0 500 1,000 1,500 2,000Feet Site limits are approximate.Soils from NRC S web soil survey. Site Limits United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2019-SLI-0872 Event Code: 04EN2000-2019-E-01991 Project Name: Adam's Vineyards Subject:List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally-protected species list, information on the species' life histories and habitats and information on completing a biological assessment or May 13, 2019 05/13/2019 Event Code: 04EN2000-2019-E-01991   2    evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 05/13/2019 Event Code: 04EN2000-2019-E-01991   3    Attachment(s): ▪Official Species List 05/13/2019 Event Code: 04EN2000-2019-E-01991   1    Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 05/13/2019 Event Code: 04EN2000-2019-E-01991   2    Project Summary Consultation Code:04EN2000-2019-SLI-0872 Event Code:04EN2000-2019-E-01991 Project Name:Adam's Vineyards Project Type:DEVELOPMENT Project Description:Proposed residential subdivision in Wake County, North Carolina. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.58365714712268N78.67921548392695W Counties:Wake, NC 05/13/2019 Event Code: 04EN2000-2019-E-01991   3    Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME STATUS Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5164 Proposed Threatened Dwarf Wedgemussel Alasmidonta heterodon No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/784 Endangered Yellow Lance Elliptio lanceolata No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4511 Threatened 1 05/13/2019 Event Code: 04EN2000-2019-E-01991   4    Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. r± MEN Roy Cooper. Governor BE NC DEPARTMENT OF Susi Hamilton, Secretary ■■ o■ NATURAL AND CULTURAL RESOURCES E ONE ~Walter Clerk, Director, Land and Water Stewardship NCNHDE-8983 May 14, 2019 Sarah Kammer Timmons Group 1001 Boulders Parkway, Suite 300 Richmond, VA 23225 RE. Adam's Vineyards, 42392 Dear Sarah Kammer: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. 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 documented within the project area or 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: https://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. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butlerLncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program '); :'APIMCNT 0 I NA_ IJ:�A_ AND i';I.i ILJ P•`t,,. L: „4€ • IPly. Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Adam's Vineyards Project No. 42392 May 14, 2019 NCNHDE-8983 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present, it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area Managed Area Name 110PPIr Owner Type Wake County Open Space Wake County. multiple local government Local Government Wake County Open Space Wake County Local Government NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/hely). Data query generated on May 14, 2019; source: NCNHP, Q2 Apr 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Page 3 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Adam's Vineyards Project No. 42392 May 14, 2019 NCNHDE-8983 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic EOID cientific Name Name Element Accuracy Federal State Global State Group KCommon Observation Occurrence Status Status Rank Rank Date Rank IIM J& -9 Amphibian 34764 Necturus lewisi Neuse River Waterdog 2017-02-07 C 3-Medium --- Special G2 S2 Concern Crustacean 19215 Orconectes North Carolina Spiny 2001-10-25 E 3-Medium --- Special G3 S3 carolinensis Crayfish Concern Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very --- Significantly G5 S2? Damselfly Low Rare Freshwater 18654 Alasmidonta undulata Triangle Floater 2016-11-04 C 3-Medium --- Threatened G4 S3 Bivalve Freshwater 4770 Fusconaia masoni Atlantic Pigtoe 2016-11-02 BC 3-Medium Proposed Endangered G2 S3 Bivalve Threatened Freshwater 2952 Lampsilis radiata Eastern Lampmussel 2016-11-03 E 3-Medium --- Threatened G5 S3 Bivalve Freshwater 8924 Strophitus undulatus Creeper 2016-11-04 E 3-Medium --- Threatened G5 S3 Bivalve Freshwater Fish14857 Lampetra aepyptera Least Brook Lamprey 1997-02-26 E 3-Medium --- Threatened G5 S2 Natural 36678 Floodplain Pool --- 2017-03-17 C 2-High --- --- G3 S2 Community Natural 36680 Low Elevation Seep --- 2017-03-17 C 2-High --- --- G4 S2 Community (Floodplain Subtype) Natural 36679 Mesic Mixed Hardwood--- 2017-03-17 C 2-High --- --- G3G4 S4 Community Forest (Piedmont Subtype) Natural 36682 Piedmont Alluvial --- 2017-03-17 AB 2-High --- --- G4 S4 Community Forest Natural 36994 Piedmont/Mountain --- 2017-03-17 C 2-High --- --- G4G5 S4 Community Semipermanent Impoundment (Open Water Subtype) Page 3 of 5 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal up Obser Occurrence Status D Rank Natural 36681 Piedmont/Mountain --- 2017-03-17 B 2 -High --- Community Semipermanent Impoundment (Piedmont Marsh Subtype) Natural Areas Documented Within a One -mile Radius of the Project Area Site Na Representational Rating Collective Rating NEU/Middle Creek Aquatic Habitat R3 (High) C3 (High) Middle Creek --Barber Bridge Floodplain R4 (Moderate) C4 (Moderate) Managed Areas Documented Within a One -mile Radius of the Project Area famed Area Nam O Owner Type NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust State Wake County Open Space Wake County Open Space Fund Wake County. multiple local government Local Government Wake County Local Government State Global State Status Rank Rank --- G4? S4 Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/hely). Data query generated on May 14, 2019; source: NCNHP, Q2 Apr 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 4 of 5 NCNHDE-8983: Adam's Vineyards 3878 • °' • 'V NC �� „n Dr � • 4 �W r Ivy Lear C, a' f W `c df 6 o Fa 65 v� O May 14, 2019 Project Boundary Buffered Project Boundary E] NHP Natural Area (NHNA) 13 Managed Area (MAREA) n enz„�3 :+ens r 5 KendanH�� A `�rwna QG O Pg 5rer11 C nP � RO, F�nl h�i Lek. Page 5 of 5 Rrtle rwaod CI I ,- rc =fie z H i4` P 1:23,673 0 0.2 0.4 0.8 mi 0 0.325 0.65 1.3 km SourcesEsri, HERE, Garmin, Intermap, increment P Corp-, GEBCO, USGS, ENO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community �z n Kay F alx �n v 6 a O On OBbut"le 3 I ,- rc =fie z H i4` P 1:23,673 0 0.2 0.4 0.8 mi 0 0.325 0.65 1.3 km SourcesEsri, HERE, Garmin, Intermap, increment P Corp-, GEBCO, USGS, ENO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community 4/16/2019 Wake County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Wake County, North Carolina Updated: 06-27-2018 Common Name Scientific name Federal Record Status Status Vertebrate: Bald eagle Haliaeetus leucocephalus BGPA Current Cape Fear shiner Range by Basin Notropis mekistocholas E Current Carolina madtom Range by Basin Noturus furiosus ARS Current Neuse River waterdog Range by_ Necturus lewisi ARS Current basin Red -cockaded woodpecker Picoides borealis E Current Southern hognose snake Heterodon simus ARS Obscure Invertebrate: Atlantic pigtoe Range by Basin Fusconaia masoni ARS Current Dwarf wedgemussel Range by Alasmidonta heterodon E Current basin Green floater Lasmigona subviridis ARS Current Tar River spinymussel Range by_ Parvaspina steinstansana E Current basin Yellow lance Range by basin Elliptic lanceolata T Current Vascular Plant: Bog spicebush Lindera subcoriacea ARS Current Michaux's sumac Rhus michauxii E Current Nonvascular Plant: Lichen: Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support https://www.fws.gov/raleigh/species/cntylisVwake.htmi 1/2 4/16/2019 Wake County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species listing. (Formerly "C1" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. ARS = At Risk Species. Species that are Petitioned, Candidates or Proposed for Listing under the Endangered Species Act. Consultation under Section 7(a)(2) of the ESA is not required for Candidate or Proposed species; although a Conference, as described under Section 7(a)(4) of the ESA is recommended for actions affecting species proposed for listing. FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service) define Federal Species of Concern as those species that appear to be in decline or otherwise in need of conservation and are under consideration for listing or for which there is insufficient information to support listing at this time.Subsumed under the term "FSC" are all species petitioned by outside parties and other selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage Program Lists. T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively. Bald and Golden Eagle Protection Act (BGPA)_ In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de- listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit http://www.fws.goy/n igratorybirds/baldeagle.htm Threatened due to similarity of appearance(T(S/A))_ In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. Definitions of Record Status: Current - the species has been observed in the county within the last 50 years. Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. https://www.fws.gov/raleigh/species/cntylisVwake.htmi 2/2 1 Christopher Inscore From:Robinson, Jason <jason.t.robinson@ncdenr.gov> Sent:Tuesday, February 19, 2019 1:07 PM To:Christopher Inscore Cc:Dow, Jeremiah J; Bolich, Rick Subject:RE:RE: Re: Adams Vineyard Hi Chris, I’ve spoken with multiple co-workers about this fairly unique situation and shown them my pictures. Right now the main issue is the sedimentation that was caused by the drainage of the pond and excavation of the ponds. The drainage memo (linked below) states that drainage of a pond is allowed, but requires the pond to first be pumped/siphoned, and then the dam can be breached “in a manner that does not result in erosive flows or sediment impact to downstream waters”. It also states “no channels, divisions, ditches or other excavated or constructed conveyance through the buffer should be used to drain the pond”. It was clear that excavation had occurred in the upper pond and there was sedimentation in the lower ponds. From my observation, it appears that a buffer determination cannot be done at this time on the altered stream because the site has not gone through a full growing cycle since the breach of the dams, and it’s apparent that the new stream is still establishing itself. So I don’t think we’ll be able to determine where the stream is or the start point of the stream. This may not be able to be determined until after the next growing season (until next fall/winter). The memo requires the evaluation during the winter months. Until the stream establishes itself after a full growing season, buffers must be applied to the top of bank of the old ponds. We will take another look at the western stream/beaver pond and can probably make a determination on that stream, but on the eastern stream, we will be observing the excavation/sedimentation and confirming that a stream call cannot be done at this time. Drainage of a Pond Memo Beaver Impoundments Memo With that said, you’re right about the weather, it does look like we may have rain multiple days leading into Friday. While we probably will not be doing a stream call, it still may not be ideal to be trudging through the old pond after days of rain. We can tentatively plan on Friday, but may need to reschedule for next week. Thanks, Jason _ _ _ _ _ _ _ _ _ _ _ _ Jason T. Robinson, P.E. Raleigh Regional Office Water Quality Regional Operations Division of Water Resources, DEQ 919-791-4200 **Subscribe to Collection System & Sewer Permitting Updates** E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 From: Christopher Inscore <Christopher.Inscore@timmons.com> Sent: Tuesday, February 19, 2019 10:17 AM To: Robinson, Jason <jason.t.robinson@ncdenr.gov> Cc: Dow, Jeremiah J <jeremiah.dow@ncdenr.gov> Subject: RE: [External] RE: RE: Re: Adams Vineyard CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Jason, Let’s tentatively schedule a dual site visit Friday with you and Jeremiah for Cleveland Road and then Adam’s Vineyard afterwards. The PM is going to try and schedule a time for another representative from Timmons to be onsite along with the landowner. I also realize we are getting a lot of rain this week, do you still make buffer calls if we have had a substantial amount of rain in 48 hours? Regards, Chris Inscore, AWB Environmental Scientist TIMMONS GROUP | www.timmons.com 5410 Trinity Rd, Suite 102 | Raleigh, NC 27607 Office: 919.352.3249 | Fax: 919.859.5663 | Mobile: 919.805.9861 christopher.inscore@timmons.com Your Vision Achieved Through Ours To send me files greater than 20MB click here. From: Robinson, Jason <jason.t.robinson@ncdenr.gov> Sent: Monday, February 18, 2019 1:30 PM To: Christopher Inscore <Christopher.Inscore@timmons.com> Cc: Dow, Jeremiah J <jeremiah.dow@ncdenr.gov> Subject: RE: [External] RE: RE: Re: Adams Vineyard Ok, thanks Chris. _ _ _ _ _ _ _ _ _ _ _ _ Jason T. Robinson, P.E. Raleigh Regional Office Water Quality Regional Operations Division of Water Resources, DEQ 919-791-4200 **Subscribe to Collection System & Sewer Permitting Updates** E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 3 From: Christopher Inscore <Christopher.Inscore@timmons.com> Sent: Monday, February 18, 2019 1:27 PM To: Robinson, Jason <jason.t.robinson@ncdenr.gov> Cc: Dow, Jeremiah J <jeremiah.dow@ncdenr.gov> Subject: [External] RE: RE: Re: Adams Vineyard CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Hey Jason, I am waiting for a response from the engineer and the PM to see how they want to handle this. Regards, Chris Inscore, AWB Environmental Scientist TIMMONS GROUP | www.timmons.com 5410 Trinity Rd, Suite 102 | Raleigh, NC 27607 Office: 919.352.3249 | Fax: 919.859.5663 | Mobile: 919.805.9861 christopher.inscore@timmons.com Your Vision Achieved Through Ours To send me files greater than 20MB click here. From: Robinson, Jason <jason.t.robinson@ncdenr.gov> Sent: Monday, February 18, 2019 12:59 PM To: Christopher Inscore <Christopher.Inscore@timmons.com> Cc: Dow, Jeremiah J <jeremiah.dow@ncdenr.gov> Subject: RE: RE: Re: Adams Vineyard Hi Chris, I’m following up on my email below. Would Jeremiah and I be able to visit the site after you meet with him Friday morning? -Jason _ _ _ _ _ _ _ _ _ _ _ _ Jason T. Robinson, P.E. Raleigh Regional Office Water Quality Regional Operations Division of Water Resources, DEQ 919-791-4200 **Subscribe to Collection System & Sewer Permitting Updates** E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 4 From: Robinson, Jason Sent: Thursday, February 14, 2019 2:14 PM To: Christopher Inscore <Christopher.Inscore@timmons.com> Subject: RE: RE: Re: Adams Vineyard Chris, Since this was such a unique situation, I’d like to get another DWR staff member that has more experience to see the site. When are you planning on going back out there? Jeremiah Dow has a stream call with you potentially scheduled for next Friday that’s close to this site (Benson Rd). I was thinking of joining him, then both of us would go to Adam’s Vineyard afterwards. And if the owner is okay with it, you wouldn’t need to join us if you didn’t want to. Let me know what you think. Thanks, Jason _ _ _ _ _ _ _ _ _ _ _ _ Jason T. Robinson, P.E. Raleigh Regional Office Water Quality Regional Operations Division of Water Resources, DEQ 919-791-4200 **Subscribe to Collection System & Sewer Permitting Updates** E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Christopher Inscore <Christopher.Inscore@timmons.com> Sent: Wednesday, February 13, 2019 11:36 AM To: Robinson, Jason <jason.t.robinson@ncdenr.gov> Subject: RE: [External] RE: Re: Adams Vineyard CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Jason, Let’s meet down that dirt path, I believe it goes all the way down to the pond damn. FYI, the two northern ponds have been breached and re-delineated. Thanks, Chris Inscore, AWB Environmental Scientist 5 TIMMONS GROUP | www.timmons.com 5410 Trinity Rd, Suite 102 | Raleigh, NC 27607 Office: 919.352.3249 | Fax: 919.859.5663 | Mobile: 919.805.9861 christopher.inscore@timmons.com Your Vision Achieved Through Ours To send me files greater than 20MB click here. From: Robinson, Jason <jason.t.robinson@ncdenr.gov> Sent: Monday, February 11, 2019 10:51 AM To: Christopher Inscore <Christopher.Inscore@timmons.com> Subject: RE: [External] RE: Re: Adams Vineyard Sounds good. I see there’s also a dirt road back to the site off John Adams Rd that appears to be on the same piece of property. _ _ _ _ _ _ _ _ _ _ _ _ Jason T. Robinson, P.E. Raleigh Regional Office Water Quality Regional Operations Division of Water Resources, DEQ 919-791-4200 **Subscribe to Collection System & Sewer Permitting Updates** E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Christopher Inscore <Christopher.Inscore@timmons.com> Sent: Monday, February 11, 2019 10:49 AM To: Robinson, Jason <jason.t.robinson@ncdenr.gov> Subject: Re: [External] RE: Re: Adams Vineyard CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Yes, this Thursday. I will find a good meeting location and send you a screen capture. I have honestly never been to the site. George Buchholz delineated this project and prepared the buffer determination package. He is no longer with Timmon’s however so I am taking over the project. Get Outlook for iOS From: Robinson, Jason <jason.t.robinson@ncdenr.gov> Sent: Monday, February 11, 2019 3:08:10 PM To: Christopher Inscore Subject: RE: [External] RE: Re: Adams Vineyard This Thursday the 14th? Also, where’s the best place to meet? Should I just pull over in the shoulder of Hwy 2? 6 _ _ _ _ _ _ _ _ _ _ _ _ Jason T. Robinson, P.E. Raleigh Regional Office Water Quality Regional Operations Division of Water Resources, DEQ 919-791-4200 **Subscribe to Collection System & Sewer Permitting Updates** E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Christopher Inscore <Christopher.Inscore@timmons.com> Sent: Monday, February 11, 2019 10:04 AM To: Robinson, Jason <jason.t.robinson@ncdenr.gov> Subject: [External] RE: Re: Adams Vineyard CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Jason, Sorry I missed your call, I was in a meeting. Let’s shoot for Thursday at 9:45. I live down in Holly Springs so it will be easy for me to get there Thursday morning. Regards, Chris Inscore, AWB Environmental Scientist TIMMONS GROUP | www.timmons.com 5410 Trinity Rd, Suite 102 | Raleigh, NC 27607 Office: 919.352.3249 | Fax: 919.859.5663 | Mobile: 919.805.9861 christopher.inscore@timmons.com Your Vision Achieved Through Ours To send me files greater than 20MB click here. From: Robinson, Jason <jason.t.robinson@ncdenr.gov> Sent: Monday, February 11, 2019 9:52 AM To: Christopher Inscore <Christopher.Inscore@timmons.com> Subject: RE:Re: Adams Vineyard Hi Chris, I got your voicemail, I’m fine with postponing today’s stream call. Would you be available this Thursday or Friday (may get more rain on Friday). Or next Tuesday, Wednesday or Thursday? Preferably at 9:45/10:00am or 1:00/1:30pm. 7 Thanks, Jason _ _ _ _ _ _ _ _ _ _ _ _ Jason T. Robinson, P.E. Raleigh Regional Office Water Quality Regional Operations Division of Water Resources, DEQ 919-791-4200 **Subscribe to Collection System & Sewer Permitting Updates** E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Robinson, Jason Sent: Friday, February 08, 2019 10:20 AM To: 'Christopher Inscore' <Christopher.Inscore@timmons.com> Subject: RE: [External] Re: Adams Vineyard Chris, Just checking-in to see if you’re still scheduled for the lunch meeting on Monday. I see that it’s predicted to rain on Monday (and Tuesday). From a quick look at your application, it doesn’t look like you’re contesting any streams, so the rain may not affect that. Thoughts? We can touch-base Monday morning, but depending on how heavy the rain is (if there is any), we may want to consider delaying the visit. I’m open the majority of that whole week. Thanks, Jason _ _ _ _ _ _ _ _ _ _ _ _ Jason T. Robinson, P.E. Raleigh Regional Office Water Quality Regional Operations Division of Water Resources, DEQ 919-791-4200 **Subscribe to Collection System & Sewer Permitting Updates** E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Robinson, Jason Sent: Tuesday, February 05, 2019 12:03 PM To: 'Christopher Inscore' <Christopher.Inscore@timmons.com> Subject: RE: [External] Re: Adams Vineyard OK Chris, let’s shoot for 2:00 on next Monday the 11th.. 8 But let me know if you can do it earlier. I was hoping to grab lunch on my way out there, so that’ll be a pretty late lunch if we meet at 2:00 (but it’ll be fine if that’s what works). _ _ _ _ _ _ _ _ _ _ _ _ Jason T. Robinson, P.E. Raleigh Regional Office Water Quality Regional Operations Division of Water Resources, DEQ 919-791-4200 **Subscribe to Collection System & Sewer Permitting Updates** E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Christopher Inscore <Christopher.Inscore@timmons.com> Sent: Tuesday, February 05, 2019 11:52 AM To: Robinson, Jason <jason.t.robinson@ncdenr.gov> Subject: [External] Re: Adams Vineyard CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Hey Jason, The only day I can do is Monday at 1:00 PM if that works. I may potentially have a lunch meeting that day so if we could push it to 2:00 pm that would be great. Get Outlook for iOS From: Robinson, Jason <jason.t.robinson@ncdenr.gov> Sent: Monday, February 4, 2019 11:01 AM To: Christopher Inscore Subject: Adams Vineyard Hi Chris, I’m writing to schedule a buffer determination for the referenced project. Unfortunately I’m tied-up this week. Would you be able to meet at one of the following times next week? Monday, February 11th @ 1:00. Tuesday, February 12th @ 9:45 or 1:00 Wednesday, February 13th @ 9:45 or 1:00 Thanks, Jason 9 _ _ _ _ _ _ _ _ _ _ _ _ Jason T. Robinson, P.E. Raleigh Regional Office Water Quality Regional Operations Division of Water Resources, DEQ 919-791-4200 **Subscribe to Collection System & Sewer Permitting Updates** E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. CULTURAL RESOURCES BACKGROUND STUDY – ADAM’S VINEYARD RESIDENTIAL DEVELOPMENT, FUQUAY-VARINA, WAKE COUNTY, NORTH CAROLINA Timmons  Group,  Inc.  is  preparing  a  Feasibility  Study  for  the  proposed  development  of  approximately 30 single family homes as well as utility and roadway infrastructure. The project area  encompasses around 42.9 acres and is located at 3315 John Adams Road in Fuquay‐Varina, North Carolina  within Wake County. The project area is located within a single parcel of land described as Wake County  Parcel Identification Numbers (PIN) 0696571218. The project area is located within the Neuse River Basin  and more specifically, within the Little Black Creek‐Black Creek sub‐watershed.  The project area includes  an unnamed tributary that flows south to Black Creek, which has a NC Division of Water Resources Stream  Index Number of 27‐45‐(3) and a Stream Classification of Class C and NSW.  The project does contain a  floodplain area according to NC FIRM Maps 3720069600J (effective date May 2, 2006). The area contains  mostly agricultural areas within the central portion of the property and contains two drained man‐made  ponds. There are stream and wetland features throughout the area that are associated with the old pond  features.  The proposed project includes the development of approximately 30 single family home lots as  well as utility infrastructure and roadway development.   A Timmons Group Secretary of Interior qualified archaeologist conducted a review of the cultural  resources database at the North Carolina Office of State Archeology (OSA) on June 4, 2019. The proposed  project area of potential effects (APE) extended one mile from the project’s area of direct effects. No  previous archaeological survey has included the APE and no archaeological sites have been previously  identified within the APE or within a one‐mile radius of the project area. Aerial photographs (NETR and  Google Earth, accessed 6/9/2019) indicate that the area has been used for agriculture for at least several  decades. The USGS Web Soil Survey (accessed 06/9/2019) defines the majority of soils in the APE as well  drained sandy loams. The current project area has never been surveyed for the presence of cultural  resources. Given the proximity of known historic sites, as well as the presence of soils known to be  amenable to prehistoric and historic settlement, the possibility exists that intact archaeological deposits  could be present. SHPO may choose to recommend further archaeological studies within the APE as it is  currently defined.  Based on a review of the NCHPOWEB Online Mapper, there are 12 previously recorded historical  sites within a one‐mile radius of the project area (Table 1). None of these resources have been evaluated  by the OSA for eligibility for listing in the National Register of Historic Places (NRHP). The proposed land  uses associated with the project will be consistent with the existing site setting in the surrounding area.  Therefore, given the consistent land uses and distance from eligible or listed historic resources (0.31‐miles  from the nearest eligible site), it is not anticipated that the project will have an adverse effect on  aboveground historic resources.    Table 1 Historical resources located within a one‐mile radius of the APE.  Site No.  Site Type  Status  WA1158  John William Adams House  Study Listed  WA1168  Saint Anna Free Will Baptist Church  Cemetery  Not Evaluated  WA1156  Hugh and Christina Blalock House  Not Evaluated  WA1191  Cannon Grove Baptist Church  Not Evaluated  WA1157  John Quinton Adams House  Not Evaluated  WA1160  Mt. Pleasant Presbyterian Church  Not Evaluated  WA1159  Joseph Calvin Ogburn House  Not Evaluated  WA1161  House (Gone)  Not Evaluated  WA1153  Turner and Amelia Smith House  National Register  WA1155  Frank and Mary Smith House  National Register  WA7862  A.J. and M.I. Blalock House  Not Evaluated  WA7863  Adams‐Blalock Tenant House  Not Evaluated          Adam's Vineyard Town of Cary, Johnston County, State of North Carolina DOT, Esri, HERE, NR Points NR Individual Listing NR Listing, Gone NRHD Center Point May 9, 2019 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:9,028 SITE DATA SITE VICINITY MAP 1" = 1,000' ADAMS VINEYARDS IMPACT MAPS TOWN OF FUQUAY-VARINA, WAKE COUNTY, NORTH CAROLINA RESIDENTIAL 0696-67-0266, PARTIAL OF 0696-57-3244 PROPOSED USE: ZONING: PINS: (RA-CZD) - RESIDENTIAL AGRICULTURAL CONDITIONAL ADAMS VINEYARDS SUBDIVISIONPROJECT: ENGINEER: KEITH ROBERTS, PE PHONE: 919-866-4940 RALEIGH, NC 27607 5410 TRINITY ROAD; SUITE 102 TIMMONS GROUP FAX: 919-859-5663 EMAIL: KEITH.ROBERTS@TIMMONS.COM STANCIL VINEYARD, LLC TOTAL PARCEL AREA:44.72 ACRES 466 STANCIL ROAD 3315 JOHN ADAMS ROADPROPERTY LOCATION: DEVELOPER/OWNER: ANGIER, NC, 27501 TOWNSHIP:PANTHER BRANCH 42.81 ACRES PHONE: 919-639-2073 ZONING DISTRICT TOTAL PROJECT AREA: 42.49 ACRESTOTAL PROJECT AREA (AFTER ROW DEDICATION):NAD 83N C H W Y 4 2 JOHN ADAMS RDJOB NO. SHEET NO. SCALE DESIGNED BY CHECKED BYDATEDRAWN BY DATEREVISION DESCRIPTIONYOUR VISION ACHIEVED THROUGH OURS.5410 Trinity Road, Suite 112 | Raleigh, NC 27607TEL 919.866.4951 FAX 919.833.8124 www.timmons.comTHIS DRAWING PREPARED AT THERALEIGH OFFICE06/10/19 ADAMS VINEYARDSFUQUAY VARINA, WAKE COUNTY, NORTH CAROLINA42392 B. INGE B. INGE K. ROBERTS 1" = 1,000' C0.0 COVER SHEETSHEET INDEX SHEET NUMBER SHEET TITLE C0.0 COVER SHEET C1.0 EXISTING CONDITIONS C2.0 OVERALL IMPACT MAP C3.0 STREAM & WETLAND IMPACT DETAIL XNCSR # 274760' PUBLIC R/WJOHN ADAMS ROADN C H W Y 4 2 10 0 ' P U B L I C R / W 315315315310305300300305315 3 1 5 3 1 0 3 1 5 32 0 325330 335 3 3 5 340 3 4 0 335330325320 EXISTING POND EXISTING SITE BOUNDARY EXISTING SITE BOUNDARY EX. 18" RCP BENCHMARK NCGS "BARBER" NC GRID NAD 83 (2012B) NAVD 88 N: 667680.37' E: 2096070.99' ELEV: 339.94' EXISTING WETLANDS EXISTING WETLANDS EXISTING POND EXISTING WETLANDS 50' NEUSE RIPARIAN BUFFER 50' NEUSE RIPARIAN BUFFER 50' NEUSE RIPARIAN BUFFER EXISTING STREAM CENTERLINE EXISTING POND NAD 830 SCALE 1"=200' 400'200' FLOOD HAZARD SOILS SUITABLE SOILS ADJACENT PROPERTY LINE EXISTING ROAD CENTER EXISTING CONTOUR FEMA 100-YR FLOODPLAIN STREAM CENTERLINE EXISTING LEGEND EXISTING SITE BOUNDARY JOB NO. SHEET NO. SCALE DESIGNED BY CHECKED BYDATEDRAWN BY DATEREVISION DESCRIPTIONYOUR VISION ACHIEVED THROUGH OURS.5410 Trinity Road, Suite 112 | Raleigh, NC 27607TEL 919.866.4951 FAX 919.833.8124 www.timmons.comTHIS DRAWING PREPARED AT THERALEIGH OFFICE06/10/19 ADAMS VINEYARDSFUQUAY VARINA, WAKE COUNTY, NORTH CAROLINA42392 B. INGE B. INGE K. ROBERTS 1" = 200' C1.0 EXISTING CONDITIONS 11 10 17 18 14 15 12 13 9 7 8 5 6 21 3 27 20 2 19 1 2616 25 24 23 22 4 28 25A 24A 31 29 30 32 NCSR # 274760' PUBLIC R/WJOHN ADAMS ROADNC H W Y 4 2 100 ' P U B L I C R / W JOYC E D R I V E CAB E R N E T FRA N C D RI V E CAB E R N E T F R A N C D R I V E GRENACHELANESITE BOUNDARY SITE BOUNDARY 20' PUBLIC UTILITY EASEMENT EXISTING POND EXISTING WETLANDS EXISTING POND 50' NEUSE RIPARIAN BUFFER 50' NEUSE RIPARIAN BUFFER EXISTING POND 50' NEUSE RIPARIAN BUFFER EXISTING WETLANDS ZONE 1 BUFFER IMPACT ZONE 2 BUFFER IMPACT ZONE 2 BUFFER IMPACT SURFACE WATER IMPACT JOB NO. SHEET NO. SCALE DESIGNED BY CHECKED BYDATEDRAWN BY DATEREVISION DESCRIPTIONYOUR VISION ACHIEVED THROUGH OURS.5410 Trinity Road, Suite 112 | Raleigh, NC 27607TEL 919.866.4951 FAX 919.833.8124 www.timmons.comTHIS DRAWING PREPARED AT THERALEIGH OFFICE06/10/19 ADAMS VINEYARDSFUQUAY VARINA, WAKE COUNTY, NORTH CAROLINA42392 B. INGE B. INGE K. ROBERTS 1" = 200' C2.0 OVERALL IMPACT MAPPROPOSED IMPACT SUMMARY PROPOSED IMPACT PROPOSED AMOUNT REMARKS (LF)(SF)(AC) PERMANENT SURFACE WATER IMPACT N/A 10,409 0.239 ROAD CROSSING/GRADING PERMANENT ZONE 1 BUFFER IMPACT N/A 5,282 0.121 ROAD CROSSING/GRADING PERMANENT ZONE 2 BUFFER IMPACT N/A 4,032 0.093 ROAD CROSSING/GRADING LEGEND SURFACE WATER IMPACTNAD 830 SCALE 1"=200' 400'200' ZONE 1 BUFFER IMPACT ZONE 2 BUFFER IMPACT HORIZ SCALE: 1"=50' VERT SCALE: 1"=5' IMPACT PLAN & PROFILE 320 325 330 335 340 320 325 330 335 340 327.7327.7328.1329.0330.47331.1410+00 11+00 11+75 57 LF 30" RCP @ 0.52% DI 401 TOP 331.30 INV IN 327.80 (N) INV OUT 327.70 (S) DEPTH 4.00' 22 LF 30" RCP @ 0.90% 16 24 23 50' NEUSE RIPARIAN BUFFER EXISTING WETLANDS ZONE 2 BUFFER IMPACT ZONE 1 BUFFER IMPACT 30" RCP FES 402 DI 401 30" RCP FES 400 ZONE 2 BUFFER IMPACT ZONE 2 BUFFER IMPACT SURFACE WATER IMPACT ZONE 1 BUFFER IMPACT EXISTING POND JOB NO. SHEET NO. SCALE DESIGNED BY CHECKED BYDATEDRAWN BY DATEREVISION DESCRIPTIONYOUR VISION ACHIEVED THROUGH OURS.5410 Trinity Road, Suite 112 | Raleigh, NC 27607TEL 919.866.4951 FAX 919.833.8124 www.timmons.comTHIS DRAWING PREPARED AT THERALEIGH OFFICE06/10/19 ADAMS VINEYARDSFUQUAY VARINA, WAKE COUNTY, NORTH CAROLINA42392 B. INGE B. INGE K. ROBERTS 1" = 200' C3.0 STREAM & WETLAND IMPACT DETAILEXISTING GRADE PROPOSED GRADE PROPOSED IMPACT SUMMARY PROPOSED IMPACT PROPOSED AMOUNT REMARKS (LF)(SF)(AC) PERMANENT SURFACE WATER IMPACT N/A 10,409 0.239 ROAD CROSSING/GRADING PERMANENT ZONE 1 BUFFER IMPACT N/A 5,282 0.121 ROAD CROSSING/GRADING PERMANENT ZONE 2 BUFFER IMPACT N/A 4,032 0.093 ROAD CROSSING/GRADING LEGEND SURFACE WATER IMPACTNAD 83SCALE 1"=50' 100'50'0 ZONE 1 BUFFER IMPACT ZONE 2 BUFFER IMPACT