20220502 Ver 1_ePCN Application_20220329

DWR
Divi.h. M Wm- R�....
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Ch-g. nly,f n..d.d
BIMS # Assigned*
Version#*
20220502
1
Is a payment required for this project?
No payment required
What amout is owed?*
Fee received
$240.00
Fee needed - send electronic notification
$570.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - [phone]
Colleen Cohn:eads\cmcohn
Information for Initial Review
1 a. Name of project:
Bronze Leaf Subdivision
1 a. Who is the Primary Contact?*
Camden Brunick
I b. Primary Contact Email: 1 c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
3/29/2022
Nearest Body of Water
UT to Jumping Run
Basin
Neuse
Water Classification
WS-lV:NSW
Site Coordinates
Latitude:
Longitude:
36.044945
-78.946318
A. Processing Information
County (or Counties) where the project is located:
Durham
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
1 a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)

Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Lakefield Farm LLC
2b. Deed book and page no.:
DB: 006801 DP: 000698
2c. Contact Person:
David Beischer
2d. Address
Street Address
2451 Croasdaile Farm Parkway
Address Line 2
City
Durham
Postal / Zip Code
27705
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province I Region
NC
Country
USA
2f. Fax Number:
Yes No
Yes No
k.:�)

4. Agent/Consultant (if applicable)
4a. Name:
Camden Brunick
4b. Business Name:
Soil & Environmental Consultants, PA
4c. Address
Street Address
8412 Falls of Neuse Road, Suite 104
Address Line 2
City
State / Provinoe I Region
Raleigh
NC
Postal / Zip Code
Country
27615
USA
4d. Telephone Number:
4e. Fax Number:
[phone]
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1 b. Subdivision name:
(if appropriate)
I c. Nearest municipality / town:
Durham
2. Project Identification
2a. Property Identification Number:
0813-65-05-5450, 0813-55-77-1657 & 0813-
66-16-6018
2c. Project Address
Street Address
2519 Bittersweet Drive
Address Line 2
City
Durham
Postal / Zip Code
27705
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT to Jumping Run
3b. Water Resources Classification of nearest receiving water:*
WS-lV:NSW
3c. What river basin(s) is your project located in?*
Neuse
2b. Property size:
+/-62.81
State / Province / Region
NC
Country
USA
3d. Please provide the 12-digit HUC in which the project is located.
030202010304
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:
Existing conditions onsite consists primarily of forested and maintained land. There is one single-family residential structure and some outbuildings located in the southeastern corner of
the property. Specifically, there are two (2) wetland features (W1 & W2), one (1) intermittent stream feature (SID), and one (1) pond feature located on property. Bittersweet Drive is bounds
the property to the east and Trail Wood Drive bounds the property to the west. General land use in the vicinity of the project consists of residential neighborhoods with maintained and
forested land.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 0.063 acres

4g. List the total estimated linear feet of all existing streams on the property:
Approximately 670 LF
4h. Explain the purpose of the proposed project:
The purpose of this project is to construct a mixed use multi -family and single-family residential development and its necessary infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project consists of the construction of a mixed use multi -family and single-family residential development including but not limited to; roadway infrastructure, residential lots,
SCM's, utilities, and greenways. Specifically, there is one (1) utility crossing that impacts streams, wetlands, and buffers. Equipment typically used for construction and earthworksuch as
backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2020-01951
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil & Environmental Consultants, PA
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
NCDWR: Site visit and determination made by Josh Brigham on November 9, 2020 and issued on November 13, 2020 (NBRRO #20-338)
USACE: Site visit and PJD issued by Samantha Dailey on December 11, 2020.
6. Future Project Plans
6a. Is this a phased project?*
Yes 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?
It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
1 a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
2al Reason
2b. Impact type*(?)
d. W. name*
Type ofJurisdicition
2g.impact
area
ff�]
Utility Crossing - RipR
�L
Bottomland Hardwood Forest
t�ajd 2
L__]
Both
J
0.005
(acms)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.005
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.005
----------------------- _—]
3a. Reason for impa 3c. Type of impact* me* '3e. Stream Type* 3f. Type of 3h.,Itmpact
11 1 M Jurisdiction* len h *

Im pact 1A - Utility Crossing Permanent Other Stream D Both
(Permanent -No Permanent
Loss)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
31 0
31. Total stream and ditch impacts:
31
3j. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
16b. Impact Type
16c. Per or Temp
Fd Stream .,-a 116e.
Buffer mitigation
16f. Zone I impact 116g.
Zone 2 impact
lImpact 1A - Utility Crossing
1P IiStream
D
No
1,445 110
6h. Total buffer impacts:
Zone 1
Total Temporary impacts: 0.00
Zone 2
0.00
Zone I
Zone 2
Total Permanent impacts: 1,445.00
0.00
Zone I
Zone 2
Total combined buffer impacts: 1,445.00
0.00
6i. Comments:
It should be noted that Impact 1 B is considered a "deemed allowable" impact per the Neuse River Buffer rules and has not been included in the table
above. However, the impacts are shown and quantified within the impact sheet attached.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland delineation and stream buffer evaluation for the entire property so that natural resources can be identified, and impacts
minimized to the maximum extent practicable. Impact 1A is proposed permanent wetland and buffer as well as permanent -no permanent loss stream
impacts for a utility crossing. The utility crossing is needed to connect to the existing utility line to the east and will cross the stream and wetland at a
perpendicular angle to minimize impacts. It should also be noted that riprap will be utilized at the crossing location to minimize impacts to the maximum
extent practicable.
I b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fence will be placed adjacent to both sides of the stream and only removed during the limited time of the pipe construction. Following the
construction in the impact area, the silt fence will be replaced.
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?
Yes - No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
All proposed permanent wetland impacts are less than 0. 10 acres and all proposed permanent stream impacts are less than 0.02 acres.
61. If no, then discuss what type of mitigation is proposed.
No buffer mitigation is needed for the proposed impacts. Could not remove this box for some reason.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)

1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPIDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Local Government Stormwater Programs
Phase 11 NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Durham
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federalistate/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (1 5A NCAC 2H .0500), Isolated Wetland Rules (1 5A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (1 5A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and
silvicultural operations. The Bronze Leaf Subdivision project is a residential development. Additionally, the project is located within the City of Durham
ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Neuse
River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition Best
Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; 2) the Phase 11 NPIDES Stormwater Permit Program, this
program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater
management requirements; 3) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective
riparian buffers; We anticipate that the DWR will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
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.
Non -discharge wastewater will be generated.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?
Yes No

5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes No
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
Unknown
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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a
query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request is in the process of being sent
to the USFWS. The USFWS has 30 days to respond from the date of the sent request. S&EC will provide feedback on the response from USFWS within
the 30 days if they concurred with the determinations made by S&EC that the proposed actions is not likely to adversely affect any federally -listed
endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act
(ESA). Please see attached S&EC Threatened & Endangered Species report.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat? *
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper welbsite was referenced. No Essential
Fish Habitat was identified near the project.
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?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on March 3, 2022, one historic listings or study list
entries or determined eligible listings were identified within the property boundaries. This listing is the Croasdaile Tenant Farm #3 (DH2273) which was
listed as "Study Listed" but is now "Gone". S&EC submitted an environmental review report on March 29, 2022 to the NC SHPO for review. S&EC will
provide feedback once a response has been received.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
PCN Attachments Bronzeleaf.pdf 17.96MB
File must be PDF or KlVZ
Comments
Signature
By checking the box and signing below, I certify that:
The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
I have given true, accurate, and complete information on this form;

agree that submission of this PCIN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
intend to electronically sign and submit the PCN form.
Full Name:
Camden M. Brunick
Signature
Date
3/29/2022

Environmental Consultants,
8412 F-0s of Neust: Road, Suite 104, Ralcigh. NC 27615 - Plionc: [phone]
-mdec.com
AGENT AUTHORIZATION
Project Name/Description: Bronze Leaf Subdivision S&EC Project# 10673
Date: 3/0t(�Zi -1 -
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: April Norton Field Office: Raleigh Regulatory Field Office
1, the undersigned, authorizes S&EC, as my aggent, to act on my behalf and take all actions necessary for
the processing, issuance and acceptance of a permit or certification and any and all associated standard
and special conditions. This notification supersedes any previous correspondence concerning the agent for
this project.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0813-65-05-5450, 0813-55-77-1657 & 0813-66-16-6018
Site Address: 2519 Bittersweet Drive
City, County. State: Durharn-Durham Countv, NC
APPLICANT INFORMATION:
Name: Dave Beischer . A. I- (_
Mailina Address: 245"1 Croasclaile Farm Parkway, Suite 101 Durham, NC 27705
Telephone Number: [phone]
Email: [e-mail]
Dave Beischer
Applicant (please pri
Applicant Signature
-3
Date
hereby ce&ffy the above Information submittedin this applIcation is true and accurate to
best of our knowledge.

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Number: 10673.W9 Map Title: 0 500 1,000 N
Figure 2 - Soil Survey
Project Manager:
SB Bronze Leaf Feet
Scale: 1 500' Durham County, NC �- I � A
Source: Durham County oil & Environmental Consultants, PA
Date: 2F.11,.fN.-R..d,S.i. 104,R.16gh,NC27615-Ph ... :[phone]-F-:[phone]
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Date: 9412 FA, f N�,- R�A. S,�� 1K RA,igh. NC 27615 - Ph.- [phone] - F.,,: (919) 846 946
03/04/2022 Northwest Durham, NC

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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Lakefield Farm, LLC
Cameron Reese Ward
2451 Croasdaile Farm Pkwy
Durham, NC 27705
Determination Type:
NORTH CAROLINA
Environmental Quality
November 131,2020
Subject: Buffer Determination Letter
NBRRO #20-338
Durham County
I Buffer I Intermittent/Perennial I
2 Neuse (I SA NCAC 2B .0714)
E] Tar -Pamlico (15A NCAC 2B.0734) Z Intermittent/Perennial Determination (where local
buffer ordinances apply)
El Jordan 05A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name: Bronzeleaf
Address/Location: 115 Millswing Dr. Durham
Stream(s): Eno River (Crystal Lake)
Determination Date: 11/9/2020 Staff. Josh BriLyham
Stream
Feature
E/I/P(I)
Not
Subject
Subject
Start@
Stop@
Soil
Survey
USGS
Topo
Stream A
E
X
X
X
Stream B
NP
X
X
Stream C
NP
X
X
Flag Sol at
Through to
Stream D
I
X
36.04814,
the culvert
X
X
1
1 -78.94708 1
1
Pond
1.
X
I I
I X
X
(1) E = Ephemeral, I - Interrnittent, P = Perennial, NP = Not Present
(2) Refers to State riparian buffer rules only, Strearn, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements,
Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale.
Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be subject to the buffer
North Carolina Department of Environmental Quality I Division of Water Resources
9 r-50-'r DW Raleigh Regional Office 13800 Barrett Drive I Raleigh. Norih Carolina 27609
��Qq:�)
1 919.791.4200

Bronzeleaf
Durham County
11/10/2020
Page 2 of 2
rules. There may be other streams located on the property that do not show up on the maps referenced above and are
therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to
all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B and
may be considered jurisdictional according to the US Army Corps of Engineers.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; D WR
— 401 & Buffer Permitting Unit, 1617 Mail Service Center; Raleigh, NC 2 7699-1617. If sending via delivery
service (UPS, FedEx, etc.): Paul Wojoski; D WR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street;
Raleigh, NC 2 7604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Josh Brigham at (919) 791-425 1.
Sincerely,
Docuftned by;
0A44r,
82SD4A46D
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office, Division of Water Resources, NCDEQ
cc: RRO DWR File Copy
Laserfiche
Agent via e-mail, Steven Ball, Soil & Environmental Consultants, PA (S&EC)
[e-mail]
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
919,791.4200

Bronzeleaf
Durham County,. NC-DWR Project # 20-338
NRCS Soil Survey Sheet 16
Base map provided by S&EC
Durham Co NC 1976
Locations are approximate
Legend:
and are provided for refer-
-project boundary
ence only::

Bronzeleaf
Durham County, NC-DWR Project # 20-338
7-
4y
Stream D, Subject
dt%
1
MILLSPAWk.g
Pond 1, Not
Subject
Stream A, Not
0 Subject
k r INS I . �k �� I
USGS Topographical Map Base map provided by SUC
Northwest Durham Quadrangle 2019 Locations are approximate
Legend: and are provided for refer-
ence only::
-Project boundary a.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01951 County: Durham Coun U.S.G.S. Quad: Northwest Durham
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant: Lakerield Farm, LLC.
Attn: David Beischer
Address: 2451 Croasdaile Farm Parkwa
Durham, North Carolina 27705
Size (acres) —81
Nearest Waterway Junipint! Creek
USGS HUC 03020201
Nearest Town Durham
River Basin Neuse
Coordinates Latitude: 36.042593
Longitude: -78.944265
Location description: The project study area is located at 115 Nfillspring Drive in Durham, Durham County, North Carolina.
The proiect study area is hi2h1h!hted within the red t)olvt!on on the enclosed "Wetland Sketch Map" dated December 4, 2020o
Indicate Which of the Following Apyl :
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore, this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
33 1). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presuraption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wedand delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
— We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
Page 1 of 5

SAW-2020-01951
— The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWAjurisdiction on
your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
— The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
— There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the pennit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
— The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact April Norton at [phone] or
April.PLNorton(&usacc.armv.mi.
C. Basis for Determination: N/A. An Approved JD has not been completed.
D. Remarks: None.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the site identified in this request. This delineation
and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as
amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the
applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 33 1. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A.SHANNINg_USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Page 2 of 5

SAW-2020-01951
Date: December 11, 2020
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
hM2://cop2smgpu.usace.army.mil/cm qpex/f?p=l36*0.
Copy Furnished:
Soil and Environmental Consuftants
Attn: Steven Ball
8412 Falls of Neuse Road
Raleh!h, NC, 27615
Page 3 of 5

SAW-2020-01951
PWNOUTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Lakefteld Farm, LLC.
File Number: SAW-2020-01951
Date: December 11,
Attn: David Beischer
2020
Attached
is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional infonnation may be found at http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPermits.asp or
Corps regulations at 33 CFR Part 33 1.
A INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
Page 4 of 5

SAW-2020-01951
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new
information for further consideration by the Corps to reevaluate the JD.
........................... ��iiiiiii�w I
SECTION 11 - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
US Army Corps of Engineers
Attn: April Norton
South Atlantic Division
3331 Heritage Trade Dnivc
Attn: Mr. Philip A. Shannin
Wake Forest, North Carolina 27587
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PMLIP.A.SHANNIN(&USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the night of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site durmig the appeal process. You will be provided a 15-day notice of any
site *investigation and will have the opportunity to participat in all site investigations.
Date:
I Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: April Norton, 3331 Heritage Trade Drive, Wake Forest,
North Carolina 27587
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room IOM15, Atlanta, Georgia 30303-8801
Phone: [phone], PIFULIP.A.SHANNIN(&USACE.AP�W.NHL
Page 5 of 5

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: December 11, 2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Steven Ball - 8412 Falls of Neuse Road, Raleigh NC 27615
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Bronze Leaf, SAW-2020-01951
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County/parish/borough: Durham City: Durham
Center coordinates of site (lat/long in degree decimal format):
Lat.: 36.042593 Long.: -78.944265
Universal Transverse Mercator: 1 7S 685190 3990627
Name of nearest waterbody: Jumping Run & Crystal Lake (WS-IV;NSW)
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
FE-1 Office (Desk) Determination. Date: December 11, 2020
FE-1 Field Determination. Date(s): December 3, 2020
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
W1
36.047900
-78.945952
0.006 ac
Wetland
Section 404
W2
36.047767
-78.945259
0.055 ac
Wetland
Section 404
D
36.048068
-78.946149
622 If
Non -wetland
Section 404
Pond 1
36.043129
-78.947328
1.73 ac
Non -wetland
Section 404

1 ) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJID is hereby advised of his or her option
to request and obtain an approved JID (AJID) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJID for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJID, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJID before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJID could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJID constitutes the applicant's acceptance
of the use of the PJID; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJID constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJID or a PJID, the JID will be processed
as soon as practicable. Further, an AJID, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJID to accomplish that result, as soon as is practicable. This PJID finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Wetland Sketch Map
FE—] Data sheets prepared/submitted by or on behalf of the PJD requestor.
FE-1 office concurs with data sheets/delineation report.
F-1 Office does not concur with data sheets/delineation report. Rationale:
F—] Data sheets prepared by the Corps:
F—] Corps navigable waters' study:
F-1 U.S. Geological Survey Hydrologic Atlas:
F-1 USGS NHD data.
F—] USGS 8 and 12 digit HUC maps.
FE-1 U.S. Geological Survey map(s). Cite scale & quad name:
1"=1000'& Northwest Durham Quad
FEW Natural Resources Conservation Service Soil Survey. Citation: Durham County Soil Survey Sheet 16
F—] National wetlands inventory map(s). Cite name:
F-1 State/local wetland inventory map(s):
F-] FEMA/FIRM maps:
F-] 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
F-] Photographs: F-] Aerial (Name & Date):
or F-] Other (Name & Date):
F-] Previous determination (s). File no. and date of response letter:
FEW Other information (please specify): NCDWR Stream Buffer Determination
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
I Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 - Phonei [phone]
sandec.com
To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
March 10, 2022
S&EC Project No: 10673WI3
Re: Online Project Review Request, Bronze Leaf, Durham — Durham County, North Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office's online project
review process and have followed all guidance and instructions in completing the review. We completed
our review March 10, 2022 and are submitting our project review package in accordance with the
instructions for further review.
Our proposed action consists of. A planned residential development that is proposing impacts to wetlands
and streams.
The location of the project and the action area are identified on the enclosed maps.
Bronze Leaf (36.045902, -78.946374). The site is located at 2519 Bittersweet Drive, Durham — Durham
County, North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 15, 2026.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 29.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at mmontgomerygsandec-com
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Enclosures:
I . Project Request Review Package 6. FWS Official Species List
2. S&EC T&E Species Report 7. NIP Report
3. Vicinity Maps 8. FWS Species Conclusion Table
4. S&EC Photo Report 9. FWS Self -Certification Letter
5. Overall Site Plan

Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 - Phone: [phone] - Fax: [phone]
sandee.com
March 10, 2022
S&EC Project No.: 10673W13
To: Civil Consultants, Inc.
Attn: Michael Fiocco
3708 Lyckan Parkway, Suite 201
Durham, NC 27707
Re: THREATENED & ENDANGER-ED SPECIES REPORT
Bronze Leaf (+/- 62 acres)
2519 Bittersweet Drive, Durham, Durham County, NC
Dear Mr. Fiocco:
On March 7, 2022, Soil & Environmental Consultants, PA (S&EQ evaluated the Bronze Leaf property
shown on the attached maps for potential endangered species. The property is located at 2519 Bittersweet
Drive in Durham County, NC. Surface waters on -site flow into Jumping Run in the Neuse River Basin,
which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters
and Wetlands of North Carolina" as WS-IV; NSW.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types, and looking for evidence of the listed species on -site. This survey
did not include any detailed sampling or netting. The results of the search are discussed below.
Bronze Leaf - S&EC Threatened & Endangered Species Report
Page I of 6

March 10, 2022
S&EC Project #10673.W13
RIESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Neuse River Waterdog (Necturus lewisi), Proposed Threatened
• Carolina Madtom (Noturus furiosus), Proposed Endangered
• Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened
• Dwarf Wedgemussel (Alasmidonta heterodon), Endangered
• Michaux's Sumac (Rhus michauxii), Endangered
• Smooth Coneflower (Echinacea laevigata), Endangered
Of the species identified on the official species list, the NHP report did not identify any Federally
threatened or endangered species within the project area or within one mile of the project area. Other
State listed species were found within the project area as listed in the attached NHP report. The NHP
report identified one natural area and seven managed areas within one mile of the project area. These
are listed out in the attached NHP report.
NEUSE RIVER WATERDOG (Necturus lewisi):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the
project area or within one mile of the site. This species is found in the Neuse River and Tar River
basins. The suitable habitat this species is found in is typically medium to large streams and rivers with
a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and
pools. While we did not specifically sample for the species, we also did not find any evidence of the
species while conducting our preliminary surveys of the streams for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The intermittent
stream on -site was +/-3 feet wide with medium baseflow and had a sandy substrate. Due to these
observations, we have concluded that the project would have "No effecC on the Neuse River
Waterdog.
Bronze Leaf - S&EC Threatened & Endangered Species Report
Page 2 of 6

March 10, 2022
S&EC Project #10673.W13
CAROLINA MADTOM (Noturus furiosus):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Carolina Madtom. The NHP report did not list any known elemental occurrence within the project
area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The
suitable habitat this species is found in is also medium to large streams and rivers with a moderate
gradient and large bed material. The Carolina Madtom also needs continuous year-round flow and
cover for nesting habitat. While we did not specifically sample for the species, we also did not find any
evidence of the species while conducting our preliminary surveys of the streams for potential suitable
habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The intermittent
stream on -site was +/-3 feet wide with medium baseflow and had a sandy substrate. Due to these
observations, we have concluded that the project would have "No effecC on the Carolina Madtom
ATLANTIC PIGTOE (Fusconaia masoni):
S & EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large
rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel
with moderate to high flowing water. While we did not specifically sample for the species, we also did
not find any evidence of the species while conducting our preliminary surveys of the streams for
potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The
intermittent stream on -site was +/-3 feet wide with medium baseflow and had a sandy substrate. Due
to these observations, we have concluded that the project would have "No effecf' on the Atlantic
Pigtoe.
Bronze Leaf - S&EC Threatened & Endangered Species Report
Page 3 of 6

March 10, 2022
S&EC Project #10673.W13
DWARF WEDGENWSSEL (Alasmidonta heterodon):
SUC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. The Dwarf Wedgemussel has little to no preference for stream size, flow
condition or bed material. Based on guidance from the USFWS staff, only 2nd order and larger perennial
streams are considered suitable habitat. While we did not conduct detailed mussel surveys, no mussels
(of any species) were observed during the preliminary suitable habitat survey.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The intermittent
stream on -site was +/-3 feet wide with medium baseflow and had a sandy substrate. Due to these
observations, we have concluded that the project would have "No effecC on the Dwarf Wedgemussel.
MICHAUX'S SUMAC (Rhus michauxii):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux's Sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux's Sumac species within the project area. The NHP report
did not list any known elemental occurrence within the project area. We found suitable habitat within
the project areas to include primarily disturbed open areas along field and pond edges. It should be
noted that this preliminary survey was done outside of the optimal survey window (May -October).
While we did not find any Michaux's Sumac plants within the project area, our survey was conducted
outside of the optimal survey window and as suitable habitat was found it is possible that Michaux's
Sumac exists and therefore we concluded the project would "May affecf' Michaux's Sumac. We
recommend consulting with the USFWS and/or conducting follow up surveys within the optimal
survey window.
SMOOTH CONEFLOWER (Echinacea laevigata):
SUC personnel conducted preliminary surveys of suitable habitat within the project area. We found
no individual Smooth Coneflower species within the project area. The NHP report did not list any
known elemental occurrence within the project area. We found suitable habitat within the project areas
Bronze Leaf - S&EC Threatened & Endangered Species Report
Page 4 of 6

March 10, 2022
S&EC Project #10673.W13
to include primarily disturbed open areas along roads and paths. It should be noted that this
preliminary survey was done outside of the optimal survey window (May -October). While we did not
find any Smooth Coneflower plants within the project area, our survey was conducted outside of the
optimal survey window and as suitable habitat was found it is possible that Smooth Coneflower exists
and therefore, we concluded the project would "May affeci" Smooth Coneflower. We recommend
consulting with the USFWS and/or conducting follow up surveys within the optimal survey window.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests on -site or within one
mile of the site. Given the lack of species present, we have concluded that the project is " Unlikely to
disturb nesting bald eagles ". We believe no Eagle Act Permit is required.
NORTHERN LONG-EARED BAT (Myotis septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB's) within the project area. During our survey, we found no individual species.
Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the
Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific
section 7 responsibilities." Due to the nature of the project being residential development, we
concluded that the project would "May affect, but not likely to adversely affect" NLEB's.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the FWS
in their conclusion letters, we have concluded that it appears the proposedproject is not likely to
adversely affect anyfederally listed endangered or threatened species, theirformally designated
critical habitat, or species currently proposedfor listing under the Endangered Species Act (ESA).
However, as suitable habitat exists for Michaux's Sumac and Smooth Coneflower the USFWS should
be consulted to determine if surveys need to occur during the optimal survey windows for Michaux's
Bronze Leaf - S&EC Threatened & Endangered Species Report
Page 5 of 6

March 10, 2022
S&EC Project #10673W13
Sumac and Smooth Coneflower to ensure that no plants exist within the disturbed limits of the project.
We strongly recommend requesting a concurrence letter from the FWS.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. Overall Site Plan
6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. March 4, 2022.
7. NHP report: February March 4, 2022.
8. S&EC — FWS Species Conclusion Table. March 10, 2022.
9. S&EC — FWS Self -Certification Letter. March 10, 2022.
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Envirom-nent and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masom). Version
1.2. March 2017. Atlanta, GA.
-U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.
-U.S. Fish and Wildlife Service/ Southeast Region. 2019. Carolina Madtom. Species Profile.
https://www.fws.gov/southeast/wildlife/fishes/Carolina-madtom/.
- U.S. Fish and Wildlife Service/ Southeast Region. 2019. Neuse River Waterdog... Species Profile.
https://www.fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/
Bronze Leaf — S&EC Threatened & Endangered Species Report
Page 6 of 6

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2022-0015869
Project Name: Bronze Leaf
March 04, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
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 EC0S-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 EC0S-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S. C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological

03/04/2022
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/eO-13186.php.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.

03/04/2022
Attachment(s):
- Official Species List

03/04/2022
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
[phone]

03/04/2022
VA
Project Summary
Project Code: 2022-0015869
Event Code: None
Project Name: Bronze Leaf
Project Type: Residential Construction
Project Description: This property is located in Durham County, NC and is approximately 81
acres.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:/
www.google.com/maps/(@36.046413,-78.94678052074649,14z
E:�Gd a ib ; . ... "
GGUMkr/ Q hub
Counties: Durham County, North Carolina

03/04/2022 3
Endangered Species Act Species
There is a total of 7 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Amphibians
NAME
—STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/6772
Fishes
NAME
STATUS
Carolina Madtom Noturus furiosus Endangered
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/528
Clams
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni Threatened
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/784

03/04/2022
4
Insects
NAME
STATUS
Monarch Butterfly Danaus plexippus
Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
STATUS
Michaux's Sumac Rhus michauxii
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Smooth Coneflower Echinacea laevigata
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3473
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

03/04/2022
5
IPaC User Contact Information
Agency: Soil & Environmental Consultants, PA
Name: Mason Montgomery
Address: 8412 Falls of Neuse Road
Address Line 2: Suite 104
City:
Raleigh
State:
NC
Zip:
27615
Email
[e-mail]
Phone:
7047732837

RaV Cooper, Governor
FROMM
9" 0 INC DEPARTMENT OF
"' 0
WMk.MM NATURAL AND CULTURAL RESOURCES
E-000
March 4. 2022
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Bronze Leaf-, 10673.W13
Dear Robert Zarzecki:
13. Reid Wilson, Secrete ry
Misty Buchanan
Deputy Directorm Natural Heritage Prograrn
NCNHDE-17334
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence-, the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federal ly-I isted species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler��ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR TM EN T 0 F NAT URAL AN D CULTU RAL PESO URCES
121 W JONES STREE T. RALEIGI 4- NC 2760.3 - 16-Sl MAOL SERV I CE CEN Trz P!. PAL EIGH. rkc 276�0
& OF-C 919. 707.9120 - r-A K 919.707.1�421

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T r U.& IN
nKLI ak WILDLIFE
gumv IVE
United States Department of the Interior
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FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: December 11, 2020
Self -Certification Letter
Pro] ect NameBronze Leaf
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190,42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
"no effect" determinations for proposed/listed species and/or
Fv_/1 proposed/designated critical habitat; and/or
Fv_/1 " may i affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
F-1 " may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalls) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
7" no Eagle Act permit required" determinations for eagles.

Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the "no effect" or
"not likely to adversely affect" determinations for proposed and listed species and
proposed and designated critical habitat; the "may affect" determination for Northern
long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for I year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleighgfws.g or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package

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