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HomeMy WebLinkAbout20220943 Ver 1_ePCN Application_20220713Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes O No Is this project a public transportation project?* OYes 0No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 4/27/2022 BIMS # Assigned* 20220943 Is a payment required for this project?* 0 No payment required O Fee received O Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review Version#* What amout is owed?* ® $240.00 0 $570.00 Select Project Reviewer* Colleen Cohn:eads\cmcohn la. Name of project: Carpenter Fire Station Apartments la. Who is the Primary Contact?* Rick Trone lb. Primary Contact Email:* rtrone@withersravenel.com Date Submitted 7/13/2022 Nearest Body of Water Panther Creek Basin Cape Fear Water Classification WS-IV; NSW Site Coordinates Latitude: 35.821031 A. Processing Information Longitude: -78.875324 lc. Primary Contact Phone:* (919)538-8184 County (or Counties) where the project is located: Wake Is this a NCDMS Project 0Yes ONo Is this project a public transportation project?* 0Yes ONo la. Type(s) of approval sought from the Corps: EI Section 404 Permit (wetlands, streams and waters, Clean Water Act) O Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes O No 1b. What type(s) of permit(s) do you wish to seek authorization? O Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) lc. Has the NWP or GP number been verified by the Corps? 0Yes ®No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: EO 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit 0 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: If. Is this an after -the -fact permit application?* O Yes O No O 401 Water Quality Certification - Express 0 Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No lh. Is the project located in any of NC's twenty coastal counties? O Yes O No 1j. Is the project located in a designated trout watershed? OYes 0No B. Applicant Information 0Yes ONo OYes 0No Id. Who is applying for the permit? 0 Owner OO Applicant (other than owner) le. Is there an Agent/Consultant for this project?* 0 Yes 0 No 2. Owner Information 2a. Name(s) on recorded deed: Susan Hatcher 2b. Deed book and page no.: 016930/01371 2c. Contact Person: 2d. Address Street Address 222 Roanoke Ave. Address Line 2 City Morehead City Postal / Zip Code 28557 State / Province / Region NC Country USA 2e. Telephone Number: (919)608-7277 2f. Fax Number: 2g. Email Address: * shatcher27@gmail.com 2a. Name(s) on recorded deed: 3 Siblings LLC 2b. Deed book and page no.: 014464/02494 2c. Contact Person: Henry B. Edwards 2d. Address Street Address 5608 Hilltop Needmore Road Address Line 2 City Fuquay Marina Postal / Zip Code 27526 2e. Telephone Number: (919)557-2288 2g. Email Address:* hbid@embarqmail.com 2a. Name(s) on recorded deed: Susan A. Hatcher 2b. Deed book and page no.: 016930/01371 2c. Contact Person: 2d. Address Street Address 222 Roanoke Ave. Address Line 2 City Morehead City Postal / Zip Code 28557 2e. Telephone Number: (919)608-7277 2g. Email Address:* shatcher27@gmail.com 2a. Name(s) on recorded deed: Donald L Hockaday and Kelly H. Hockaday 2b. Deed book and page no.: 005268/00734 2c. Contact Person: 2d. Address Street Address 6816 Indian Wells Road Address Line 2 City Cary Postal / Zip Code 27519 2e. Telephone Number: (919)324-4155 2g. Email Address: * kellyhockaday@gmail.com State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 2f. Fax Number: 2a. Name(s) on recorded deed: Betty Hockaday 2b. Deed book and page no.: 002389/00177 2c. Contact Person: 2d. Address Street Address 406 Indian Elm Lane Address Line 2 City Cary Postal / Zip Code 27519 2e. Telephone Number: (919)538-8184 2g. Email Address:* rlhch52@gmaii.com 3. Applicant Information (if different from owner) 3a. Name: Caitlin Shelby, VP 3b. Business Name: WP East Acquisitions, LLC 3c. Address Street Address 3211 Shannon Road Address Line 2 Suite 410 City Durham Postal / Zip Code 27707 3d. Telephone Number: (919)355-0110 3f. Email Address:* caitlin.shelby@woodpartners.com 4. Agent/Consultant (if applicable) 4a. Name: Rick Trone 4b. Business Name: WithersRavenel 4c. Address Street Address 115 MacKenan Drive Address Line 2 City Cary Postal / Zip Code 27511 4d. Telephone Number: (919)538-8184 4f. Email Address:* rtrone@withersravenel.com C. Project Information and Prior Project History State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Cary, NC 2. Project Identification 2a. Property Identification Number: PINS: 0735732611,0735731710,07356386, 0735740104, 0735658585, 0735741571 2c. Project Address Street Address 6800 Indian Wells Road Address Line 2 City Cary Postal / Zip Code 27519 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Panther Creek 3b. Water Resources Classification of nearest receiving water: * WS-IV; NSW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020605 4. Project Description and History 2b. Property size: 14.6 State / Province / Region NC Country USA 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 site is currently a mixture of residential homes, vacant land, a drained pond, and an old commercial building. General land use in the vicinity is primarily residential with some commercial uses. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes O No 0 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.078 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to construct a 300-unit apartment complex development including a 5,000-sf office element to meet the existing deficit and growing demand for rental residential housing in Wake County. The proposed site is comprised of three residential buildings and an associated clubhouse building to be constructed in one phase. The project includes parking areas, utilities, as well as dedication of a new public right-of-way bisecting the site. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed permanent wetland impacts are necessary for construction of a perpendicular road crossing for a new public street/parking, a riprap dissipator, and the installation of a retaining wall around Wetland A. Permanent impacts to a former pond, now Wetland A, are necessary and unavoidable due to construction of the proposed project. Impacts are necessary for grading, roadways, and retaining walls to achieve the necessary grade for the roadway and adjacent building footprints. Total impact amounts from the proposed project to Wetland A are 0. 296 acres (Impacts Wt & W2). A riprap dissipator will be installed on the southern side of Wetland A below outfall for the underground detention stormwater SCM. The riprap dissipator is necessary to prevent erosion of the wetland from adjacent land to be developed which may result in higher stormwater flow velocity during storm events. Equipment typical of residential construction work will be utilized during the site work. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r_: Yes Comments: 0 No 0 Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made? * J Preliminary O Approved O; Not Verified O Unknown N/A Corps AID Number: SAW-2019-01283 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Alyssa Ricci WithersRavenel 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR The Town of Cary issued a buffer determination letter in December 2020 and determined there are no buffered features within the project area. WithersRavenel completed a delineation for the project area in July 2021. The USACE issued a Preliminary Jurisdictional Determination for the project area on 2/25/2022. The Preliminary Jurisdictional Determination documents that Wetland B is a federally non - jurisdictional isolated wetland. 6. Future Project Plans 6a. Is this a phased project?* O 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? N/A D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): :71 Wetlands O Streams -tributaries 17 Open Waters O Pond Construction 2. Wetland Impacts 0 Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Roadway, retaining walls, fill P Unknown Wetland A No Both 0.142 (acres) W2 Roadway, retaining walls, fill P Unknown Wetland A No Both 0.154 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.296 2i. Comments: E. Impact Justification and Mitigation 2g. Total Permanent Wetland Impact 0.296 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed permanent impacts for construction of the development and infrastructure have been minimized to only those necessary for construction of retaining walls, necessary grading, and a roadway. Wetland A occupies a large area of the footprint of a former pond in the middle of the project area making impacts unavoidable. The overall site design has been planned in such a way to impact only a relatively small portion of Wetland A. Proposed impacts for the project have been designed to minimize impacts by encroaching only into the outer edge or only into narrow wetland fingers of Wetland A. The retaining wall has been designed around Wetland A to stabilize site fill to minimize wetland impacts from traditional backslopes that would have encroached farther into the wetlands. The offset on the low side of the wall adjacent to the wetland is to allow for safe and adequate working area for construction of the wall. The location of the retaining wall results from the required buffers and setbacks along the north and east frontages, further limiting available buildable space. The building #3 layout is "elongated" to minimize impacts, minimal parking is provided in support of the uses, and the layout of the internal drive is oriented to avoid the impacts along the NE corner of Wetland A to the maximum extent practicable 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction. Matting will be used where necessary to minimize the extent of impacts within the construction corridor. Silt fencing will be installed around all disturbed areas to prevent sediment from escaping into undisturbed wetlands, and access during construction will be within uplands. 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? C•9 Yes No 2c. If yes, mitigation is required by (check all that apply): [I DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Cane Creek Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Riparian wetland 3c. Comments Quantity: 0.296 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes • No 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? Yes • No If no, explain why: Project is located within the Jordan Lake watershed. No buffer impacts are proposed for the project. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* 0Yes ®No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? OYes 0No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/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 (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A 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. The project is not anticipated to result in additional development that could impact downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* ® Yes 0 No 0 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. Wastewater generated from the project will be sent to local treatment plant. 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?* O Yes O No 5b. Have you checked with the USFWS conceming Endangered Species Act impacts?* O Yes O No 5d. Is another Federal agency involved?* 0 Yes 5e. Is this a DOT project located within Division's 1-8? 0 Yes ® No O No 0 Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S ® Yes 0 No 5g. Does this project involve bridge maintenance or removal? 0 Yes ® No 5h. Does this project involve the construction/installation of a wind turbine(s)?* OYes 0No 51. 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.? OYes 0No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? WR reviewed the USFWS IPAC data, located at: https://ecos.fws.gov/ipac/, to identify the federally listed species and critical habitat known to occur within the vicinity of the project. The IPaC identified that RCW, Atlantic Pigtoe, Monarch Butterfly (candidate species), and Michaux's sumac have ranges that extend into the project area. The IPaC specified that there are no critical habitats within the project area. The IPaC species list has been provided as an attachment to this application. WR reviewed the NC Natural Heritage Program database, located at https://ncnhde.natureserve.org/, as well as NCNHP GIS data to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identify any occurrences of federally listed threatened or endangered species or critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP project review letter dated 7/8/2022. Site reviews did not identify any potential habitat for RCW and Atlantic Pigtoe. Additionally, there was no potential habitat for Michaux's sumac identified within the project area. Therefore, WR concludes that the proposed project will not adversely affect federally listed species or their designated critical habitat. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* O Yes ® No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* There are no waters classified as EFH in Wake County. 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?* O Yes U No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review identified a 1958 1-story shed roof commercial building. This building is listed as ineligible and is not located within a National Register historic district. The applicant did not receive any comments regarding this structure from the Cary Historic Society. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* O Yes O No 8c. What source(s) did you use to make the floodplain determination?* FEMA flood maps. 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 dreg and drop files here to attach document Appendix.pdf File must be PDF or KMZ Comments Please see attached appendix. 13.39MB Signature ,71 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; 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: Rick Trone Signature Date 7/13/2022 %. WithersRavenel 1111011 Our People. Your Success. July 13, 2022 US Army Corps of Engineers Raleigh Regulatory Field Office Mr. James Lastinger 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 NC Division of Water Resources 401 & Buffer Permitting Unit Mr. Paul Wojoski 1617 Mail Service Center Raleigh, NC 27699 Re: Carpenter Fire Station Apartments - NWP 29 PCN Submittal Cary, Wake County, NC USACE AID: SAW-2019-01283 WR Project #02180532.10 Dear Mr. Lastinger and Mr. Wojoski, On behalf of WP East Acquisitions, LLC, we are requesting authorization from the USACE to use NWP 29, as well as requesting a 401 WQC from NCDWR, for 0.296 acres of permanent impacts to federally jurisdictional wetlands for construction of the proposed multifamily apartment complex. The proposed project will also result in 0.021 acres of permanent impacts to federally non - jurisdictional wetlands (Wetland B) as determined by the USACE in the Approved Jurisdictional Determination (SAW-2019-01283) issued on 2/25/2022. Wetland B was determined to be a "basin" wetland using the Dichotomous Key to General NC Wetland Types. Per the NCDEQ 2020 Isolated Wetlands and Isolated Waters Rules (15A NCAC 02H .1301) impacts to federally non - jurisdictional "basin" wetlands less than or equal to one half acre in the Piedmont are deemed permitted and therefore do not require authorization from NCDWR. Therefore, we are providing documentation of the proposed impacts to federally non -jurisdictional wetlands for reference only as these impacts are deemed permitted and do not require written authorization from NCDWR. The impacts for federally non -jurisdictional wetlands consist of the following: Proposed Federally Non -Jurisdictional Wetland Impact Table Impact # Feature Type of Impact Acres Square Footage W3 Federally Non -Jurisdictional Isolated Wetland Permanent 0.021 933 Proposed Project The proposed Carpenter Fire Station Apartments project is located on six parcels (Parcel Ds: 0735741571, 0735732661, 0735731710, 0735638619, 0735740104, 0735648585) totaling ±14.6-acres located on the west side of Highway 55, southwest of the intersection of Carpenter Fire Station Road and Hwy 55 in Cary, Wake County (Lat: 35.821998°N;-78.875324°W). 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 I www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines 1 Wilmington Carpenter Fire Station Apartments Cary, Wake County NWP 39 PCN Submittal gm. WithersRavenel Our People. Your Success. The project is in the Cape Fear River (Jordan) basin and onsite waters drain to Panther Creek. The Water Quality Classification for Panther Creek is: WS-IV; NSW and the Stream Index Number is: 16-41-1-17-3. The cataloging unit for the site is 0303000206. The purpose of the proposed project is to construct a 300-unit apartment complex development including a 5,000-sf office element to meet the existing deficit and growing demand for rental residential housing in Wake County. The proposed site is comprised of three residential buildings and an associated clubhouse building to be constructed in one phase. The project includes parking areas, utilities, as well as dedication of a new public right-of-way bisecting the site. Project History The Town of Cary issued a buffer determination letter in December 2020 and determined there are no buffered features within the project. A copy of the buffer determination letter has been provided as an attachment. WithersRavenel completed a delineation for the project area in July 2021. The USACE issued a Preliminary Jurisdictional Determination for the project area on 2/25/2022. The Preliminary Jurisdictional Determination documents that Wetland B is a federally non - jurisdictional isolated wetland. The PJD is provided as an attachment. Proposed Impacts The proposed permanent wetland impacts are necessary for construction of a perpendicular road crossing for a new public street/parking, a riprap dissipator, and the installation of a retaining wall around Wetland A. Permanent impacts to a former pond, now Wetland A, are necessary and unavoidable due to construction of the proposed project. Impacts are necessary for grading, roadways, and retaining walls to achieve the necessary grade for the roadway and adjacent building footprints. Total impact amounts from the proposed project to Wetland A are 0. 296 acres (Impacts W1 & W2). A riprap dissipator will be installed on the southern side of Wetland A below outfall for the underground detention stormwater SCM. The riprap dissipator is necessary to prevent erosion of the wetland from adjacent land to be developed which may result in higher stormwater flow velocity during storm events. Avoidance and Minimization Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed permanent impacts for construction of the development and infrastructure have been minimized to only those necessary for construction of retaining walls, necessary grading, and a roadway. Wetland A occupies a large area of the footprint of a former pond in the middle of the project area making impacts unavoidable. The overall site design has been planned in such a way to impact only a relatively small portion of Wetland A. Proposed impacts for the project have been designed to minimize impacts by encroaching only into the outer edge or only into narrow wetland fingers of Wetland A. The retaining wall has been designed around Wetland A to stabilize site fill to minimize wetland impacts from traditional Page 2 of 4 Carpenter Fire Station Apartments Cary, Wake County NWP 39 PCN Submittal at WithersRavenel Our People. Your Success. backslopes that would have encroached farther into the wetlands. The offset on the low side of the wall adjacent to the wetland is to allow for safe and adequate working area for construction of the wall. The location of the retaining wall results from the required buffers and setbacks along the north and east frontages, further limiting available buildable space. The building #3 layout is "elongated" to minimize impacts, minimal parking is provided in support of the uses, and the layout of the internal drive is oriented to avoid the impacts along the NE corner of Wetland A to the maximum extent practicable Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction. Matting will be used where necessary to minimize the extent of impacts within the construction corridor. Silt fencing will be installed around all disturbed areas to prevent sediment from escaping into undisturbed wetlands, and access during construction will be within uplands. Mitigation Wetland Mitigation The proposed project will result in 0.296 acres of permanent wetland impacts from construction of the development. Because the proposed permanent wetland impacts requested exceed the 0.10-acre mitigation threshold, the applicant proposes to provide wetland mitigation per the following table: Wetland Mitigation Table Impact Type Total Impacts Mitigation Ratio Proposed Mitigation Permanent Impacts 0.296 1:1 0.296 acres The applicant proposes to mitigate for the 0.296 acres of permanent wetland impacts at a 1:1 mitigation ratio, resulting in the provision of 0.296 acres of wetland mitigation. The proposed wetland impacts will occur to low quality emergent wetlands within a drained pond, which typically exhibit a low functional value. Due to nature of the wetlands proposed to be impacted, the applicant is proposing to mitigate for the proposed 0.296 acres of permanent wetland impacts at a 1:1 mitigation ratio. WR contacted mitigation banks that service the Cape Fear 03030002 basin (RES/Restoration Systems, Wildlands) to determine availability of wetland mitigation. WR obtained a Statement of Availability from Wildlands Holdings for the entire wetland mitigation proposed, which is attached. Impacts to the federally non -jurisdictional isolated wetland (Wetland B) are less than one half acre in the Piedmont and are deemed permitted and therefore do not require authorization from NCDWR and therefore, mitigation is not required. Stormwater Management Plan The stormwater management plan consists of two underground sand filters and two underground detention systems. The stormwater management plan will be reviewed and approved by the Town of Cary. Page 3 of 4 Carpenter Fire Station Apartments Cary, Wake County NWP 39 PCN Submittal ::WithersRavenel ❑ur People. Your Success. Please feel free to call if you have questions or require additional information to complete your review. Sincerely, WithersRavenel Rick Trone Environmental Scientist Attachments: • PCN Form • Agent Authorization Form • Aerial Exhibit • USGS Quads • Wake County Soil Survey • Approved Delineation Exhibit • Parcel/Owner Exhibit • USACE Preliminary Jurisdictional Determination • Town of Cary Buffer Determination Letter • NCNHP Project Review Letter • USFWS IPaC Species List • Wildlands Statement of Availability for Wetland Mitigation • Impact Exhibits Page 4 of 4 aOurWithersRavenel People. Your Success. AGENT AUTHORIZATION FORM Our People. Your Success. AUTHORITY FOR APPOINTMENT OF AGENTI. Ll,� The undersigned contract purchaser, s (Client) does hereby appoint WithersRavenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the following 6 parcels located in Cary, NC: • ±0.99 acre parcel, Wake Co. PIN: 0735741571, located at 4037 NC 55 Hwy • ±0.41 acre parcel, Wake Co. PIN: 0735732661, located northeast of the intersection of Indian Wells Road and NC 55 Hwy • ±1.71 acre parcel, Wake Co. PIN: 0735731710, located at 6800 Indian Wells Road • ±1.62 acre parcel, Wake Co. PIN: 0735638619, located at 6816 Indian Wells Road • ±8.10 acre parcel, Wake Co. PIN: 0735740104, located at 4011 NC 55 Hwy • ±1.77 acre parcel, Wake Co. PIN: 0735648585, located at 6807 Carpenter Fire Station Road The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 27511 Tel. (919)-469-3340 Date: Signature of Client: (Name - Print) 0 (Ttle) cI Z�\ (Signature) Mailing Address Av1Q 21^Lc7 City State Zip Phone: C-1Acl GCS—b11 L{( 0 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 j f: 919.467.6008 I www.withersravenel.com I License No. C-0832 Asheville j Cary I Greensboro I Pittsboro l Raleigh I Wilmington ■■ WithersRavenel .. Our People. Your Success. Email: GA l \-L� V1 • , a@ L.1(Yc*ori 0 Page 2 of 2 CI WithersRavenel SI Our People. Your Success. AUTHORIZATION FOR PROPERTY ACCESS The undersigned owner(s), 3 Siblings LLC, do(es) hereby authorize WithersRavenel, Inc. to access the ±0.99 acre parcel, Wake Co. PIN: 0735741571, located at 4037 NC 55 Hwv. Cary, NC for the purpose of environmental regulatory agency review (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of the contract purchaser. This authorization does not bind the current property owner(s) to financial responsibility for services rendered on the subject property by WithersRavenel, Inc. This agreement shall continue in effect until completion/termination of the purchase contract for the subject property. Date: 3/I A' Contract Purchaser's Agent Info: Signature of Owner(s): I WithersRavenel. Inc. %�/e nJ v 5, Z-J�c)A Deb Name - Print Title 115 MacKenan Drive Carv, NC 27511 Tel. (919)-469-3340 gnature Ji1) /1-ap ) eedrH ve__ ?d Mailing Addre§s /►' /.47 %V,i0r4 , /v %J City/ 'state Zip Phone: /r / ? d 3 7 Email: n /, � N-nr bAl ro 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 I f: 919.467.6008 I www.withersravenel.com I License No. C-0832 Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington Our People Your Success AUTHORIZATION FOR PROPERTY ACCESS The undersigned owner(s), Susan Hatcher/S&G Realty Limited Partnership 11, do(es) hereby authorize WithersRavenel, Inc. to access the two parcels listed below located in Wake County, NC for the purpose of environmental regulatory agency review (US Arrny Corps of Engineers. NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife Service. local Municipalities, etc.) and approvals (Le. wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of the contract purchaser. • ±8.10 acre parcel, Wake Co. PIN: 0735740104, located at 4011 NC 55 Hwy, Cary, NC - Susan Hatcher • ±1.77 acre parcel, Wake Co. PIN: 0735648585, located at 6807 Carpenter Fire Station Road, Cary, NC - S&G Realty Limited Partnership I1 This authorization does not bind the current property owner(s) to financial responsibility for services rendered on the subject property by WithersRavenel, Inc. This agreement shall continue in effect until completion/termination of the purchase contract for the subject property. I Date: 3 ` ) ) 9 Contract Purchaser's Agent Info: Signature of Owner(s): WithersRavenel, Inc. 115 MacKenan Drive Cary. NC 27511 Tel. (919)-469-3340 CAX-V Name - Print Title Signature Mailing Address C&i.) I 9 City State Zip Phone 1 L-1) (0,0 D_ 1 2 Email: S (`1CCl i'4_.J / —la- r WithersRavenel. Inc. ■Ili • WithersRavenel Our People. Your Success. AUTHORIZATION FOR PROPERTY ACCESS The undersigned owner(s), Betty Hockaday, do(es) hereby authorize WithersRavenel, Inc. to access the two parcels listed below located in Wake County, NC for the purpose of environmental regulatory agency review (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of the contract purchaser. • ±0.41 acre parcel, Wake Co. PIN: 0735732661, located northeast of the intersection of Indian Wells Road and NC 55 Hwy, Cary, NC • ±1.71 acre parcel, Wake Co. PIN: 0735731710, located at 6800 Indian Wells Road, Cary, NC This authorization does not bind the current property owner(s) to financial responsibility for services rendered on the subject property by WithersRavenel, Inc. This agreement shall continue in effect until completion/termination of the purchase contract for the subject property. Date: Contract Purchaser's Agent Info: Signature of Owner(s): _)rlcx t.-C‘ck Name -print Tile :- L � SignaturekZ Cary, NC 27511 115 MacKenan Drive Tel. (919)-469-3340 Mailing Address City State Zip Phone: r' Email: rlhCh-5a6Q ; .OD►vi, 115 M<cK'na,: Drive [ Cary, NC 27511 91.9.469.3340 If:919.467.6008•v;tiv t: . ; ,.tip .J:wrsraventa.r.t.,m ; License has. C-0832 Asheville IC<: ; I Greensboro eensboro i Pittston) Raleigh ` Wilmington 410 WithersRavenel 111 Our People. Your Success. AUTHORIZATION FOR PROPERTY ACCESS The undersigned owner(s), Donald and Kelly Hockaday, do(es) hereby authorize WithersRavenel, Inc. to access the ±1.62 acre parcel, Wake Co. PIN: 0735638619, located at 6816 Indian Wells Road, Cary, NC for the purpose of environmental regulatory agency review (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of the contract purchaser. This authorization does not bind the current property owner(s) to financial responsibility for services rendered on the subject property by WithersRavenel, Inc. This agreement shall continue in effect until completion/termination of the purchase contract for the subject property. Contract Purchaser's Agent Info: WithersRavenel Inc. 115 MacKenan Drive Cary, NC 27511 Tel. (919)-469-3340 Date: Signature of Owner(s): 1..),e-L 1 t& M 4c& 4-4 Name - Print Signa ' re DuDne� Title /R1 [Q �xicLiQn ft1 R iL Mailing Address City State Zip Phone: J i r. 9 24 4f(•�4 Email: 115 M cK:ca.an Dade ; Cary, NC 27511. 9:t9A69,33401 f:919.467.6008 Lcesse No.C•0832 4shr:vi Ie � Cary Grfr:nsbo! o 1 Pittsboro ! R,11eigh ; Wilmington aOur WithersRavenel People. Your Success. AERIAL EXHIBIT CARY CARPENTER FIRE STATION ROAD ASSEMBLAGE WAKE COUNTY NORTH CAROLINA AERIAL (2021) GRAPHIC SCALE 0 75 150 1 inch = 150 ft. t• WithersRavenel 1/ Engineers I Planners I Surveyors ::WithersRavenel Our People. Your Success. USGS QUADS Fire—Erwiro Perm\Wetlands—Streams\CAD\JD K:\18\1B-0530\180532.10—Wood ROSEPINE AR`, a EK R4 EvANs.FARbi RD CARPENTER FIRE STATION ROAD ASSEMBLAGE CARY WAKE COUNTY NORTH CAROLINA RT? ;. LITTLE OR GRAPHIC SCALE 0 1000 2000 1 inch = 2000 ft. lagr 1716 1r. z! ppRKsiDE V �,R SAENCOR MfaL RO ill �r-0 e v �. p Y• 3Oo.1 AD�EaO41 v0 REVIEW AREA Carpenter. RBORDR USGS QUAD (2019) - CARY & GREEN LEVEL DppiD FALLS 3 � RAENTER TOWN LN WithersRavenel Rim FP Engineers Planners Surveyors Fire—Erwiro Perm\Wetlands—Streams\CAD\JD K:\18\1B-0530\180532.10—Wood CARPENTER FIRE STATION ROAD ASSEMBLAGE CARY WAKE COUNTY NORTH CAROLINA USGS QUAD (2019) - CARY & GREEN LEVEL • f- GRAPHIC SCALE 0 200 400 1 inch = 400 ft. r / rL.• 1 r r ti WithersRavenel mu pp Engineers Planners Surveyors Lill WithersRavenel Our People. Your Success. WAKE COUNTY SOIL SURVEY Fire—Envi o Perm\Wetlands—Streams\CAD\JD Request. K:\18\18-0530\180532.10—Wood CARY CARPENTER FIRE STATION ROAD ASSEMBLAGE WAKE COUNTY NORTH CAROLINA REVIEW AREA WAKE CO. SOIL SURVEY (1970) - SHEET 45 1 inch = 400 ft. WithersRavenel mu pp Engineers Planners Surveyors Lill WithersRavenel Our People. Your Success. APPROVED DELINEATION EXHIBIT WETLAND B ` LATED/NON-JURISDICTIONAL TO USACE WETLAND A JURISDICTIONAL TO USACE CARPENTER FIRE STATION ROAD ASSEMBLAGE CARY WAKE COUNTY NORTH CAROLINA �INDIAN WELLS ROAD APPROVED DELINEATION EXHIBIT GRAPHIC SCALE 0 100 200 1 inch = 200 ft. t• WithersRavenel 1/ Engineers I Planners I Surveyors Lill WithersRavenel Our People. Your Success. PARCEL/OWNER EXHIBIT GRAPHIC SCALE 0 100 200 2021 1:09:36 PM - WELSH, PATRICK 3 8 WAKE CO. PIN: 0735648585 SUSAN HATCHER 222 ROANOKE AVE. MOREHEAD CITY, NC 28557 WAKE CO. PIN: 0735740104 SUSAN HATCHER 1801 MORRISVILLE CARPENTER ROAD CARY, NC 27519 WAKE CO. PIN: 0735638619 DONALD & KELLY HOCKADAY 6816 INDIAN WELLS ROAD CARY, NC 27519 1 inch = 200 ft. WAKE CO. PIN: 0735741571 3 SIBLINGS LLC 5608 HILLTOP NEEDMORE ROAD FUQUAY VARINA, NC 27526 _„6„,---1 REVIEW AREA WAKE CO. PIN: 0735731710 BETTY HOCKADAY 406 INDIAN ELM LANE CARY, NC 27519 WAKE CO. PIN: 0735732661 BETTY HOCKADAY 406 INDIAN ELM LANE CARY, NC 27519 CARPENTER FIRE STATION ROAD ASSEMBLAGE CARY WAKE COUNTY NORTH CAROLINA PROPERTY OWNER EXHIBIT 1/�%WithersRavenel Engineers Planners Surveyors el WithersRavenel Our People. Your Success. U SAC E PJD Requestor: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01283 County: Wake U.S.G.S. Quad: NC -Green Level NOTIFICATION OF JURISDICTIONAL DETERMINATION WithersRavenel Alyssa Ricci 115 Mackenan Drive Cary, NC 27511 919-215-8619 aricc i(a(w ithe rs r avene 1. co m 14.6 Panther Creek 03030002 Location description: The project site is approximately 14 acres Carpenter Fire Station Road and to the south by Indian Wells This determination supersedes the previous issued on 5/6/2020 Indicate Which of the Following Apply: A. Nearest Town Cary River Basin Cape Fear Coordinates L atitude: 35.8210 Longitude: -78.8750 located adjacent to NC Hwy 55, bordered to the north by Road, near the town of Cary, Wake County, North Carolina. Preliminary Determination There appear to be wetlands (WA) on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 7/30/2021. Therefore this preliminary jurisdiction determination may be used in the peunit evaluation process, including deteunining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a peunit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. E There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the peunit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable peunit decision. We recommend that you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the peunit 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. E There are wetlandson the above described project area/property subject to the peunit 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 wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have SAW-2019-01283 this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this deteunination may be relied upon for a period not to exceed five years from the date of this notification. ▪ There are no waters (wetland WB) of the U.S., to include wetlands, present on the above described project area/property which are subject to the peunit 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 deteunination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to deteunine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Auny 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 Auny 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 deteunination and/or the Corps regulatory program, please contact James Lastinger at 919-554-4884 ext 32 or James. C. L astin ge r(a(us ace. army.m il. C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination form dated 02/25/2022. D. Remarks: The approved portion of this determination only includes wetland WB. The preliminary portion of this determination only includes wetland WA E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this deteinination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) forru. If you request to appeal this deteunination you must submit a completed RFA forrIto the following address: US Aiuiy 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.SHANNIN s USACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must deteunine 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 04/26/2022. **It is not necessary to submit an RFA foini to the Divisiyn Office if you do not object to the deteunination in this correspondence. ** Corps Regulatory Official: Givrftle Date of JD: 02/25/2022 Expiration Date of AJD: 02/24/2027 Expiration Date of PJD: N/A SAW-2019-01283 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 the Customer Satisfaction Survey located at http://corpsmapu.usace.anny.mil/cm_apex/f?p=136:4:0 Copy furnished: Property Owners: PIN: 0735732661 & 0735731710 Name: Betty Hockaday Mailin2 Address: 406 Indian Elm Lane Cary, NC 27519 Phone: N/A Email: rlhch52(a(2mail.com PIN: 0735638619 Name: Donald & Kelly Hockaday Mailing Address: 6816 Indian Wells Road Cary, NC 27519 Phone: 919.324.4155 Email: kh.hockaday(a(gmail.com PIN: 0735740104 & 0735648585 Name: Susan Hatcher Mailin2 Address: 1801 Morrisville Carpenter Road Cary, NC 27519 Phone: 919.608.7277 Email: shatcher27(a(2mail.com PIN: 0735741571 Name: 3 Siblings LLC Mailin2 Address: 5608 Hilltop Needmore Road Fuquay Varina, NC 27526 Phone: 919.557.2288 Email: hbid(a(embavgmail.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: WithersRavenel Alyssa Ricci File Number: SAW-2019-01283 Date: 02/25/2022 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 x PRELIMINARY JURISDICTIONAL DETERMINATION I - The following identifi: our rights and options regarding an administrative appeal information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx E of the above decision. x SECTION Additional or the Corps regulations at 33 CFR Part 331. _ A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. 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 • signature rights permit. • this PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return authorization. If you received a Letter of Permission (LOP), you may accept the LOP and on the Standard Permit or acceptance of the LOP means that you accept the permit to appeal the permit, including its terms and conditions, and approved jurisdictional APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of you may appeal the declined permit under the Corps of Engineers Administrative Appeal form and sending the form to the division engineer. This form must be received by it to the district engineer for final your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days of the date of this notice. C: PERMIT completing engineer DENIAL: You may appeal the denial of a permit under the Corps of Engineers Section II of this form and sending the form to the division engineer. This form Administrative Appeal Process by must be received by the division 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 II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. 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. SECTION II - RE 1 T FOR APP IONS TO AN INITIAL PROFFERED PERMI 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 FOR1UESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: James Lastinger Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 If you only have questions regarding the appeal process you may also contact: MR. PHILIP A. SHANNIN ADMINISTRATIVE APPEAL REVIEW OFFICER CESAD-PDS-O 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger , 69 Darlington Avenue, Wilmington, North Carolina 28403 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 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 02/25/2022 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Carpenter Fire Station Road assemblage, SAW-2019-01283 C. PROJECT LOCATION AND BACKGROUND INFORMATION: The project site is approximately 14 acres located adjacent to NC Hwy 55, bordered to the north by Carpenter Fire Station Road and to the south by Indian Wells Road, near the town of Cary, Wake County, North Carolina. This determination supersedes the previous issued on 5/6/2020. State: NC County/parish/borough: Wake City: Cary Center coordinates of site (lat/long in degree decimal format): Lat. 35.8210 , Long. -78.8750 Universal Transverse Mercator: Name of nearest waterbody: Panther Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Name of watershed or Hydrologic Unit Code (HUC): 03030002 Z Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. El Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form: D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Z Office (Desk) Determination. Date: February 25, 2022 ▪ Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):1 TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ❑ Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of j uri sdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: linear feet, wide, and/or acres. Wetlands: 0.078 acres. c. Limits (boundaries) of jurisdiction based on: Choose an item. Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). Page 1 of 8 Form Version 10 June 2020 Elevation of established OHWM (if known): 2. Non -regulated waters/wetlands (check if applicable):3 ®Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Wetland B on the attached map entitled "Carpenter Fire Station Road Assemblage" meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and appropriate Regional Supplement. However, based on information submitted by the consultant, a site visit, and aerial photography, wetland B is completely surrounded by uplands. There are no signs of a discrete conveyance of water (i.e., ditch, ephemeral channel, scour, etc.) between the isolated wetlands and downstream waters. Further, there is no evidence of surface or subsurface flow to relatively permanent waters or non -relatively permanent waters. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetlandadjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Choose an item. Drainage area: Choose an item. Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑Tributary flows through Choose an item. tributaries before entering TNW. 3 Supporting documentation is presented in Section III.F. 4Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. Page 2 of 8 Form Version 10 June 2020 Project waters are Choose an item. river miles from TNW. Project waters are Choose an item. river miles from RPW. Project waters are Choose an item. aerial (straight) miles from TNW. Project waters are Choose an item. aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): Tributary is: ❑Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Choose an item.. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Cobbles ❑ Bedrock ❑ Other. Explain: ❑ Sands ❑ Gravel ❑ Vegetation. Type/% cover: ❑ Concrete Muck Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Choose an item. Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Choose an item. Estimate average number of flow events i Describe flow regime: Other information on duration and volume: n rev ew area/year: Choose an item. Surface flow is: Choose an item.. Characteristics: Subsurface flow: Choose an item.. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6(check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ changes in the character of soil ❑ shelving ❑vegetation matted down, bent, or absent ❑ leaf litter disturbed or washed away ❑ sediment deposition ❑water staining ❑ other (list): ❑ the presence of litter and debris ❑ destruction of terrestrial vegetation ❑ the presence of wrack line ❑ sediment sorting ❑ scour ❑multiple observed or predicted flow events ▪ abrupt change in plant community 'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. Page 3 of 8 Form Version 10 June 2020 ❑ Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑physical markings/characteristics ❑ tidal gauges ❑ other (list): ❑ survey to available datum; ❑physical markings; ❑ vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Choose an item. Explain: (c) Surface flow is: Choose an item. Characteristics: Subsurface flow: Choose an item.. Explain findings: ❑ Dye (or other) test performed: Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Choose an item. river miles from TNW. Project waters are Choose an item. aerial (straight) miles from TNW. Flow is from: Choose an item.. Estimate approximate location of wetland as within the Choose an item. floodplain. (ii) Chemical Characteristics: 'Ibid. Page 4 of 8 Form Version 10 June 2020 Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ▪ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Choose an item. Approximately acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream food webs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Page 5 of 8 Form Version 10 June 2020 D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TNWs: linear feet, wide, Or acres. ❑ Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ❑Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs8 that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). 'See Footnote # 3. 'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. Page 6 of 8 Form Version 10 June 2020 E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ❑ Other: (explain, if not covered above): Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams):linear feet, wide. ❑Lakes/ponds: acres. ❑Other non -wetland waters: acres. List type of aquatic resource: N Wetlands: 0.0078 acres. Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams):linear feet, wide. ❑Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): N Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: attached N Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: 10Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Page 7 of 8 Form Version 10 June 2020 ❑ Corps navigable waters' study: N U.S. Geological Survey Hydrologic Atlas: NUSGS NHD data. ❑USGS 8 and 12 digit HUC maps. N U.S. Geological Survey map(s). Cite scale & quad name: Cary and Greenlevel Quads N USDA Natural Resources Conservation Service Soil Survey. Citation: Wake County, 1970, sheet 45 N National wetlands inventory map(s). Cite name: USFWS NWI mapper ❑ State/Local wetland inventory map(s): N FEMA/FIRM maps: NC FIRM ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) N Photographs: NAerial (Name & Date): 2017 Or ❑ Other (Name & Date): N Previous determination(s). File no. and date of response letter: SAW-2019-01283, dated 5/6/2020 ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): B.ADDITIONAL COMMENTS TO SUPPORT JD: Page 8 of 8 Form Version 10 June 2020 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 02/25/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: WithersRavenel, Alyssa Ricci, 115 Mackenan Drive, Cary, NC 27511 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Carpenter Fire Station Road assemblage, SAW-2019-01283 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 14 acres located adjacent to NC Hwy 55, bordered to the north by Carpenter Fire Station Road and to the south by Indian Wells Road, near the town of Cary, Wake County, North Carolina. This determination supersedes the previous issued on 5/6/2020. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Wake City: Cary Center coordinates of site (lat/long in degree decimal format): Latitude: 35.8210 Longitude: -78.8750 Universal Transverse Mercator: Name of nearest waterbody: Panther Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Z Office (Desk) Determination. Date: February 25, 2022 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal degrees) (decimal degrees) amount of aquatic resources in review area resources (i.e., wetland vs. non -wetland waters) which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) (acreage and linear feet, if applicable Wetland WA 35.8218 -78.8748 1.23 acres 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 PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ▪ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: attached ▪ Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ▪ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ▪ Corps navigable waters' study: ▪ U.S. Geological Survey Hydrologic Atlas: ® USGS NHD data: ▪ USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: Cary and Greenlevel Quads ▪ Natural Resources Conservation Service Soil Survey. Citation: Wake County, 1970, sheet 45 ® National wetlands inventory map(s). Cite name: USFWS NWI mapper ❑ State/local wetland inventory map(s): Z FEMA/FIRM maps: NC FIRM ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): 2017 or ❑ Other (Name & Date): ▪ Previous determination(s). File no. and date of response letter: dated 5/6/2020 ❑ Other information (please specify) : IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. ignature and date of Regulatory staff member completing PJD 02/25/2022 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t I Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. REVIEW AREA WETLAND B NON -JURISDICTIONAL ISOLATED WETLAND WETLAND A POTENTIAL WETLAND WATERS OF THE US �INDIAN WELLS ROAD 0 AJD BOUNDARY NOTES: 11) DELINEATION PERFORMED BY WR ON 07/30/2021. 1 2) WETLAND LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION, WAKE CO. 1 GIS DATA AND TOPOGRAPHIC INTERPRETATION. 1 3) PJD ISSUED ON 05/06/20 BY JAMES LASTINGER OF USACE (AID: SAW-2019-01283) CARPENTER FIRE STATION ROAD ASSEMBLAGE CARY WAKE COUNTY NORTH CAROLINA JURISDICTIONAL DETERMINATION REQUEST EXHIBIT GRAPHIC SCALE 0 100 200 t• WithersRavenel 1/ Engineers I Planners I Surveyors aOur WithersRavenel People. Your Success. TOWN OF CARY BUFFER DETERMINATION LETTER STORMWATER DIVISION December 10, 2020 Alyssa Ricci WithersRavenel 115 Mackenan Drive Cary, NC 27511 Subject: Jordan Lake Watershed — Riparian Buffer and Urban Transition Buffer Rules Carpenter Fire Station Road Assemblage (Wake County) TCRB 20-016 Address Real ID# PIN 10 0 Indian Wells Road 0031536 0735732661 6800 Indian Wells Road. 0094289 0735731710 6816 Indian Wells Road 0192152 0735638619 4011 NC Highway 55 0029347 0735740104 6807 Carpenter Fire Stn Road 0094288 0735648585 4037 NC Highway 55 0020373 0735741571 Dear Ms. Ricci: The site location and maps provided by you allowed a determination to be made as to whether or not the referenced site would require compliance with The Town of Cary Riparian Buffer and Urban Transition Buffer (UTB) Rules. This project, as referenced by the Town of Cary as TCRB 20-016, includes features as depicted on the attached maps. The table below summarizes the stream determination made in a site visit on December 10, 2020. This determination is valid until December 10, 2025. Reference ID USGS Map (100 Ft. Buffer) Soil Survey Map (50 Ft. Buffer) Not Subject Al X 'Pond formerly located on the property has been drained. This determination supersedes and replaces TCRB 17- 004, dated March 13, 2017. TOWN Of CARY 318 North Academy Street •Cary, NC 27513•PO Box 8005•Cary, NC 27512-8005 tel 919-469-4030 • fax 919-460-4935• www.townofcary.org Ms. Ricci Stream Determination Letter December 10, 2020 Page 2 of 2 Landowners or affected parties that dispute a stream origin determination made by the Town of Cary may appeal the determination to the NC Division of Water Resources. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director of DWR shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski Higgins; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. Any appeal submitted shall be related to the origin of the stream channel and/or applicability of the Jordan Lake Buffer Rules to a stream feature. This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. Sincerely, Eric W. Kulz Environmental Specialist Town of Cary Stormwater Division 1 FEATURE A CARPENTER FIRE STATION ROAD ASSEMBLAGE REVIEW AREA USCS QUAD (2019) -CARV & GREEN LEVEL GRAPHIC SCALE -cc :cr OWithersRaver •i CARPENTER FIRE STATION ROAD ASSEMBLAGE WAKE CO. SOIL SURVEY f1970'' - SHEET 45 CRAPHKC SCALE -CC :cc • nch = 200 R. • WithersRavenel Lill WithersRavenel Our People. Your Success. NCNHP PROJECT REPORT LETTER • ■■■ ■■ • NC DEPARTMENT OF ■ ■•■E NATURAL AND CULTURAL RESOURCES • ■■■ July 8, 2022 Rick Trone Withers & Ravenel 115 MacKenan Drive Cary, NC 27511 RE: Carpenter Fire Station Road Assemblage; 02180532.10 Dear Rick Trone: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-18563 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: 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. 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 rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 'M9.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Carpenter Fire Station Road Assemblage Project No. 02180532.10 July 8, 2022 NCNHDE-18563 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID cientific Name Common Name Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date i Rank Mi + Dragonfly or 32043 Coryphaeschna ingens Regal Darner Damselfly 2004-Pre H? 5-Very Low No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Med Arerlame Town of Cary Open Space - Future Park Town of Cary Town of Cary Open Space - Future Park Town of Cary Town of Cary Open Space - Future Park Town of Cary Town of Cary Open Space - Future Park Town of Cary Town of Cary Open Space - Mills School Park Town of Cary Wake County Greenway - OS-034 Wake County er Type Local Government Local Government Local Government Local Government Local Government Local Government Significantly G5 S2? Rare Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on July 8, 2022; source: NCNHP, Q1, April 2022. 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 3 NCNHDE-18563: Carpenter Fire Station Road Assemblage n Q Morris Bran„, McCrimmon Carpenter Flre Station Rd S [5401 1 0 387 ft s Morris Bronch Panther Creek 396 ft Carpenter April Bloom Ln Morr,Ssj i d9P 0.2t IlYZ5 1.1 Miles v I I I l l I 0 "Pet,ter Rd Future Park July 8, 2022 Managed Area (MAREA) ❑ Buffered Project Boundary ❑ Project Boundary Sources. Esri, Airbus DS. USGS. NGA. NASA, CGIAR. N Robinson. NOEAS. NLS. OS, NMA. Geodatastyrelsen, Rijkswaterstaat GSA, Geoland FEMA, Intermap and the GIS user community Sources. Esri, HERE. Garmin. FAO. NOAA, USGS. © OpenStreetMap contributors, and the GIS User Community Page 3 of 3 ::WithersRavenel Our People. Your Success. USFWS IPaC SPECIES LIST 7/8/22, 8:03 AM IPaC: Explore Location resources IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Wake County, North Caroli C) :L. f. . a \o Ytr y ��•Y' g31h¢5 t� Local office • x . Raleigh Ecological Services Field Office t. (919) 856-4520 I (919) 856-4556 0 https://ipac.ecosphere.fws.gov/location/H63MYPLSO5F2JLQKZS2LA45BPQ/resources 1/14 7/8/22, 8:03 AM MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 IPaC: Explore Location resources CI\4 °c11/4 \V 00\'s Off' https://ipac.ecosphere.fws.gov/location/H63MYPLSO5F2JLQKZS2LA45BPQ/resources 2/14 7/8/22, 8:03 AM IPaC: Explore Location resources Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. tNit Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. -� For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Login (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species1 and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). https://ipac.ecosphere.fws.gov/location/H63MYPLSO5F2JLQKZS2LA45BPQ/resources 3/14 7/8/22, 8:03 AM IPaC: Explore Location resources 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Clams Endangered NAME STATUS Atlantic Pigtoe Fusconaia masoni . Threatened Wherever found There is final critical habitat for this species. The location of th 34tio critical habitat is not available. https://ecos.fws.gov/ecp/species/5164 OCI‘ Insects NAME • STATUS Monarch Butterfly Danaus plexippus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Flowering Plants Candidate NAME STATUS Michaux's Sumac Rhus michauxii Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 Critical habitats Endangered https://ipac.ecosphere.fws.gov/location/H63MYPLSO5F2JLQKZS2LA45BPQ/resources 4/14 7/8/22, 8:03 AM IPaC: Explore Location resources Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle Protection Acts. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 1 Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/I i b ra ry/collections/avoiding-and-minimizing-incidental-ta ke- migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation- measures.pdf The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. https://ipac.ecosphere.fws.gov/location/H63MYPLSO5F2JLQKZS2LA45BPQ/resources 5/14 7/8/22, 8:03 AM IPaC: Explore Location resources For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 i Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREEDING SEASON (IF A BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH IS A VERY LIBERAL ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. "BREEDS ELSEWHERE" INDICATES THAT THE BIRD DOES NOT LIKELY \BREED IN -YOUR PROJECT AREA.) Breeds Sep 1 to Jul 31 Breeds Apr 20 to Aug 20 Breeds May 1 to Jul 31 Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 https://ipac.ecosphere.fws.gov/location/H63MYPLSO5F2JLQKZS2LA45BPQ/resources 6/14 7/8/22, 8:03 AM IPaC: Explore Location resources Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Probability of Presence Summary Breeds elsewhere Breeds May 10 to Aug 31 The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (�) 4 IX Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4- week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. �••r How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season ( ) https://ipac.ecosphere.fws.gov/location/H63MYPLSO5F2JLQKZS2LA45BPQ/resources 7/14 7/8/22, 8:03 AM IPaC: Explore Location resources Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort ( ) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data ( ) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season 1 survey effort no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Non BCC Bald Eagle .III I I I I I I I I I I I I I I I 11-1 I I III 1111 I I I I I I I I I I I I I I II CP N Vulnerable (This is not a Bird of Conservation Concern (BCC) in this area, but IcLill. warrants attention cf. because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.) https://ipac.ecosphere.fws.gov/location/H63MYPLSO5F2JLQKZS2LA45BPQ/resources 8/14 7/8/22, 8:03 AM IPaC: Explore Location resources Kentucky 1111 1++++.111 1111+++++++1++++1111 WI Ill+++++ Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Prairie Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Prothonotary Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) 0,04,41 Red-headed "Oil 000 nu ion Woodpecker T BCC Rangewide ++++ ++++ ++++ +Ho +Ili 9111111 ++++ ini +I++ ++++ ++++ ,\0\4 ++++ ++++ ++++ 110 004 ++++ ++++ ++++ ++++ (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) https://ipac.ecosphere.fws.gov/location/H63MYPLSO5F2JLQKZS2LA45BPQ/resources 9/14 7/8/22, 8:03 AM IPaC: Explore Location resources Rusty BlaRck(Thbirdis I I I I I ++ ++++ ++++ +++-1 1111 111 I I I I I I I I I 10+ ++I+ ++++ BCC - BC is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA) Wood Thrush BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) ++++ ++++ ++++ ++00 OW +II+ 1111 ++++ ++0+ $$++ ++++ ++++ whw .0( -c\ NIC>146 Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory N..% Immo Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. birds. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. https://ipac.ecosphere.fws.gov/location/H63MYPLSO5F2JLQKZS2LA45BPQ/resources 10/14 7/8/22, 8:03 AM IPaC: Explore Location resources What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. r What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. https://ipac.ecosphere.fws.gov/location/H63MYPLSO5F2JLQKZS2LA45BPQ/resources 11/14 7/8/22, 8:03 AM IPaC: Explore Location resources Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. A Coastal Barrier Resources System Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be subject to the restrictions on federal expenditures and financial assistance and the consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et seq.). For more information, please contact the local Ecological Services Field Office or visit the CBRA Consultations website. The CBRA website provides tools such as a flow chart to help determine whether consultation is required and a template to facilitate the consultation process. THERE ARE NO KNOWN COASTAL BARRIERS AT THIS LOCATION. Data limitations https://ipac.ecosphere.fws.gov/location/H63MYPLSO5F2JLQKZS2LA45BPQ/resources 12/14 7/8/22, 8:03 AM IPaC: Explore Location resources The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are depicted on the official CBRS maps. The boundaries depicted in this layer are not to be considered authoritative for in/out determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone" that appears as a hatched area on either side of the boundary). For projects that are very close to a CBRS boundary but do not clearly intersect a unit, you may contact the Service for an official determination by following the instructions here: https://www.fws.gov/service/coastal-barrier-resources-system-property-documentation Data exclusions CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on the location of the unit). The true seaward extent of the units is not shown in the CBRS data, therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas projects) may be subject to CBRA even if they do not intersect the CBRS data. For additional information, please contact CBRA@fws.gov. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. https://ipac.ecosphere.fws.gov/location/H63MYPLSO5F2JLQKZS2LA45BPQ/resources 13/14 7/8/22, 8:03 AM IPaC: Explore Location resources Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: FRESHWATER POND Palustrine A full description for each wetland code can be found at the National Wetlands Inventory website Data limitations ` The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data exclusions Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. https://ipac.ecosphere.fws.gov/location/H63MYPLSO5F2JLQKZS2LA45BPQ/resources 14/14 Lill WithersRavenel Our People. Your Success. WILDLANDS STATEMENT OF AVAILABILITY FOR WETLAND MITIGATION WILDLANDS WILDLANDS HOLDINGS qv) Wetland Mitigation Statement of Availability July 7, 2022 WP East Acquisitions, LLC 521 East Morehead St., Suite 350 Charlotte, NC 28202 Attn: Ms. Ellen Allred & Mr. Mark Theriault 704-332-8995 I Ellen.allred@woodpartners.com RE: Availability of Riparian Wetland Credits for the "Carpenter Fire Station Road Assemblage" project Bank Name: Cane Creek Umbrella Mitigation Banking Instrument Bank Site: Bethel Branch Mitigation Site Bank Sponsor: Wildlands Holdings IV, LLC USACE Action ID: SAW-2016-02365 Riparian Wetlands Credits Needed: 0.296 acres Riparian Wetlands Credits Available: 0.42 acres Cape Fear 03030002 River Basin Dear Ms. Allred, Wildlands Holdings IV, LLC has the above -mentioned riparian wetland credits from the Cane Creek Umbrella Mitigation Banking Site: Bethel Branch Mitigation Site to partially satisfy the mitigation requirements related to the above -mentioned project. The project is located within the service area (HUC 03030002) of the Bank. Credits may be reserved for a period of 6 months upon the receipt of a non-refundable deposit of 10% of the purchase price. Should credits not be reserved, they will be sold on a first come, first serve basis. Credit prices will be guaranteed for a period of 6 months from the date of this letter and are then subject to change. An invoice for this transaction will be sent upon your request and we will reserve the credits and price for a period of 30 days from invoice. This letter is a Statement of Availability as of the date provided — it is not a reservation of credits nor a guarantee of price. Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer Form within the 404 permit. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332-7754 x124 or ayarsinske@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 WILDLANDS HOLDINGS Sincerely, Ashley N. Yarsinske Wildlands Engineering, Inc. Marketing & Credit Sales ayarsinske@wildlandseng.com 0: (704) 332-7754 ext. 124 M: (757) 572-5269 Cc: Mr. RickTrone I WithersRavenel Mr. James Lastinger, Regulatory Specialist I US Army Corp of Engineers Ms. Colleen Cohn, Environmental Specialist II I NC Division of Water Resources Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 ::WithersRavenel Our People. Your Success. IMPACT EXHIBITS LEGEND WETLAN D WETLAN D IMPACT LIMITS ,U11,117^ 1111111 This certifies that wetland delineation shown hereon is I. based on field survey by GPA of wetland flags placed by Withers & Ravenel. JAECO Consulting Engineers and Land Surveyors NC License F-0289 333 Wade Ave., Raleigh, N.C. 27605 Phone: (919) 8284428 Fax: (919) 828-4711 E-mail: info@jaeco.com www.jaeco.com / co N #) PC GRID 100 50 25 0 100 1"=100' WETLANDS IMPACT CARPENTER FIRE STATION i SCALE: 1" = 100' DRAWN BY: RT CHECKED BY: TT DATE ISSUED:07/06/2022 a� o, Joy 7 Irr = as„ 5 G41 03o3— O O L / M USE: FIRE ANL ZON PIN: 073504649872 CARPENTER LAND CO USE: COMMERCIAL PROPERTY ZONING: GC PIN: 0735D4741748 CARPENTER LAND CO USE: COMMERCIAL PROPERTY ZONING: GC M Su OVERALL WE I LAND IMPAC I SUMMARY JURISDICTIONAL NON -JURISDICTIONAL IMPACT # IMPACT SPECIFICATION TEMPORARY PERMANENT IMPACT # IMPACT SPECIFICATION TEMPORARY PERMANENT (SF) (AC) (SF) (AC) (SF) (AC) (SF) (AC) W1 RETAINING WALL & GRADING 0 0 6,200 0.142 W3 PARKING LOT 0 0 933 0.021 W2 RETAINING WALL & GRADING 0 0 6,700 0.154 0 0 12,900 0.296 0 0 933 0.021 ciS Il OF3 LEGEND WETLAND WETLAND IMPACT LIMITS This certifies that wetland delineation shown hereon is based on field survey by GPA of -� wetland flags placed by Withers & Ravenel. JAECO Consulting Engineers and Land Surveyors NC License F-0289 333 Wade Ave., Raleigh, N.C. 27605 Phone: (919) 8284428 Fax: (919) 828-4711 E-mail: info@jaeco.com www.jaeco.com N z J d 0 7 7 PROP BUILDING #1 PROP UNDERGROUND DETENTION FACILITY IMPACT #W1 PERMANENT WETLAND RETAINING WALL & GRADING 6,200 SF (0.142 AC) N.INIx,9s1) IC GRID 50 25 12.5 0 50 1"=50' WETLANDS IMPACT CARPENTER FIRE STATION PROP J / STORMDRAIN — / LIMITS OF o _ESMT — PROP RETAINING DISTURBANCE WALL #8 SCALE: 1" = 50' DRAWN BY: RT CHECKED BY: TT DATE ISSUED:07/06/2022 PROP... • •RIPRPAP••• N PROP PARKINGN AREA v PROP RETAINING WALL #8 PROP UNDERGROUND /SAND FILTER IMPACT #W2 PERMANENT WETLAND RETAINING WALL & GRADING 6,700 SF (0.154 AC) OVERALL WE I LAND IMPAC I SUMMARY JURISDICTIONAL NON -JURISDICTIONAL IMPACT # IMPACT SPECIFICATION TEMPORARY PERMANENT IMPACT # IMPACT SPECIFICATION TEMPORARY PERMANENT (SF) (AC) (SF) (AC) (SF) (AC) (SF) (AC) W1 RETAINING WALL & GRADING 0 0 6,200 0.142 W3 PARKING LOT 0 0 933 0.021 W2 RETAINING WALL & GRADING 0 0 6,700 0.154 0 0 12,900 0.296 0 0 933 0.021 B OF 3 LEGEND WETLAND WETLAND IMPACT LIMITS This certifies that wetland delineation shown hereon is 3v based on field survey by GPA of wetland flags placed by Withers & Ravenel. \U18111111a1nn1, /iib� (�. voNO 111111111111.... JAECO Consulting Engineers and Land Surveyors NC License F-0289 333 Wade Ave., Raleigh, N.C. 27605 Phone: (919) 8284428 Fax: (919) 828-4711 E-mail: info@jaeco.com www.jaeco.com LIID PROP CLUB POOL enxxmn) AV GRID 50 25 12.5 0 PROP• ' • ' • ' • ' • ' RIPRPAP 50 1"=50' WETLANDS IMPACT CARPENTER FIRE STATION t i PROP RETAINING WALL #14_ SCALE: 1" = 50' DRAWN BY: RT CHECKED BY: TT DATE ISSUED:07/06/2022 PROP AMENITY AREA_ II IMPACT #W3 PERMANENT WETLAND PARKING LOT 933 SF (0.021 AC) WETLAND "B" (FEDERALLY NON -JURISDICTIONAL / ISOLATED WETLAND) OVERALL WETLAND IMPAC I SUMMARY JURISDICTIONAL NON -JURISDICTIONAL IMPACT # IMPACT SPECIFICATION TEMPORARY PERMANENT IMPACT # IMPACT SPECIFICATION TEMPORARY PERMANENT (SF) (AC) (SF) (AC) (SF) (AC) (SF) (AC) W1 RETAINING WALL & GRADING 0 0 6,200 0.142 W3 PARKING LOT 0 0 933 0.021 W2 RETAINING WALL & GRADING 0 0 6,700 0.154 0 0 12,900 0.296 0 0 933 0.021 3 OF 3