20220131 Ver 2_ePCN Application_20220914

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
9/6/2022
BIMS # Assigned* Version#*
20220131 2
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
Richard Jones Bulkhead
la. Who is the Primary Contact?*
Heather Smith
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Colleen Cohn:eads\cmcohn
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
9/14/2022
Nearest Body of Water
MacGregor Downs Lake (Swift Creek)
Basin
Neuse
Water Classification
WS-III; NSW
Site Coordinates
Latitude: Longitude:
35.745723 -78.797716
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
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:
lf. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Richard and Stacy Jones
2b. Deed book and page no.:
018433:02154
2c. Contact Person:
2d. Address
Street Address
126 Duncansby Ct
Address Line 2
City
Cary
Postal /Zip Code
27511
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Heather Smith
4b. Business Name:
VHB
4c. Address
Street Address
940 Main Campus Dr
Address Line 2
Suite 500
City
Raleigh
Postal / Zip Code
27606
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
MacGregor Downs
lc. Nearest municipality / town:
Cary
2. Project Identification
2a. Property Identification Number:
0762060467
2c. Project Address
Street Address
126 Duncansby Ct.
Address Line 2
City
Cary
Postal / Zip Code
27511
3. Surface Waters
State / Province / Region
NC
Country
USA
4e. Fax Number:
3a. Name of the nearest body of water to proposed project: *
MacGregor Downs Lake (Swift Creek)
3b. Water Resources Classification of nearest receiving water:*
WS-III; NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011001
4. Project Description and History
2b. Property size:
0.46
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 project is located at a single family residence on MacGregor Downs Lake (Swift Creek). Prior to any work the backyard was mostly level with grass and minor landscaping, and there
was a pool that was installed prior to the Neuse Riparian Buffer Rules taking affect on 8/1/2000. There was some impervious decking surrounding the pool that existed within the Neuse
Riparian Buffer (590 sq.ft.). Along the shoreline there was riprap to reduce erosion but the riprap was in disrepair. Currently the area has been graded to accommodate construction
equipment to reach the lake to install a bulkhead, three trees along the lake were cut down, and some hardscaping structures (hot tub base, decorative walls) have been installed in the
backyard. A bulkhead is present where the riprap was originally. The original pool footprint remains but some of the original impervious decking has been removed within the Neuse
Riparian buffer.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
125
4h. Explain the purpose of the proposed project: *
The purpose of this project is to prevent erosion along the lake shoreline by installing a bulkhead and reconfigure the pool area utilizing the original impervious decking area within the
Neuse Riparian Buffer.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project included removing the failing riprap along the lake shoreline and a bulkhead to prevent future erosion was installed. Portions of the original pool impervious decking were
removed and some hardscaping structures were already installed prior to the stop work notice from the Town of Cary. The structures that are present outside of the pool's original
impervious decking footprint will be removed. These structures are not allowed per the Neuse Riparian Buffer Rules. Areas that were previously graded will be revegetated with grass.
Typical equipment to be used is dump trucks, skid steer, pile drivers, and backhoe.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
Only resource found was MacGregor Downs Lake
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
Heather Smith
VHB
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
4. Open Water Impacts
Streams -tributaries
Pond Construction
Buffers
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
Site 1
Bulkhead
P
MacGregor Downs Lake
Bulkheads
Pond
0.01
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.01
4g. Total permanent open water impacts:
0.01

4h. Comments:
Impacts are less than 0.01 ac, 0.006 ac, the fill below the OHWM is approximately 1.5'. The total fill volume below the OHWM is 14.9 cubic yards (404
cubic feet). The average distance from the original riprap is 2.09 feet.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Grading
T
MacGregor Downs Lake
No
1,775
3,113
Tree Clearing
P
MacGregor Downs Lake
Yes
407
0
6h. Total buffer impacts:
Total Temporary impacts:
Total Permanent impacts:
Total combined buffer impacts:
6i. Comments:
Zone 1
1,775.00
Zone 1
407.00
Zone 2
3,113.00
Zone 2
0.00
Zone 1 Zone 2
2,182.00 3,113.00
Buffer mitigation will be provided at a 3:1 ratio for the 407 sq.ft. of permanent tree clearing in Zone 1.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The original pool decking will be used within the riparian buffer for the redesign area. No additional impervious areas within the Neuse Riparian Buffer
will be added. This project does not involve a change of use and prior existing buffer impacts are allowed to continue.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The areas that were graded during the installation of the bulkhead will be revegetated and no additional grading will occur within the Neuse Riparian
Buffers.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The amount of discharge to the MacGregor Downs Lake is minimal, <0.001 acres, and no mitigation is being proposed for the impacts to MacGregor Downs Lake. Buffer mitigation will be
provided at a 3:1 ratio for the 407 sq.ft. of permanent tree clearing in Zone 1.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan

2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
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
2b Provide an explanation of the violation(s):
Town of Cary issues a NOV and all work stopped. A no -rise was completed for the installed bulkhead. Section 401/404 permitting is currently on -going
for backyard remodel with no new impervious surface in the riparian buffer, and to permit the installed bulkhead.
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.
This is a backyard project at a single-family residence.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS Information for Planning and Consultation (IPaC) and NC Natural Heritage Program (NCNHP) websites. The IPAC report and NCNHP Data
Explorer Report is attached in the supporting documentation. There is no habitat for Michaux's sumac on -site and there is no habitat for the aquatic
species. The aquatic species prefer streams that are flowing and not impounded lakes. There are no known occurrences of any potentially occurring
federally protected species within 1.0 mile.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No

6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA Essential Fish Habitat
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
State Historic Preservation Office (SHPO) Mapper 2.0
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
Yes, a no -rise was approved by the Town of Cary, Lisa Booze CFM Stormwater Specialist Floodplain Administrator. Attached in the supporting
documentation is the No -Rise package and the email from Lisa Booze stating the No -Rise is approved.
8c. What source(s) did you use to make the floodplain determination?*
DFIRM 3720076200J and 3720075200J
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
SupportingDocumentation.pdf 22.19MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
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:
Heather Smith
Signature
Date
9/14/2022

September 20, 2022
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Subject: Preconstruction Notification
Richard Jones Bulkhead
N.C. Division of Water Resources
Raleigh Central Office
3800 Barrett Drive
Raleigh, NC 27609
www.vhb.com
VHB, on behalf of Richard and Stacy Jones, respectfully requests review of the attached information, provided in
support of the Preconstruction Notification (PCN) for the above referenced bulkhead project. A request for a
preliminary jurisdictional determination has not been submitted. If you would like a site visit to process the PCN,
please let me know. We have enclosed the following information to assist with your review:
1. Figures: Vicinity, NRCS Soils, Parcel, Existing Conditions, Buffer Impact, and Waters of the US Impact Maps
2. Project Photos
3. Project Construction Drawings
4. Agent Authorization
5. RES Mitigation Acceptance Letters
6. FEMA Submittals and Town of Cary Approval Email
7. NC Natural Heritage Program Report
8. USFWS Information for Planning and Consultation Species List
Thank you for your assistance with this project. If you have any questions or need additional information, please
contact Heather Smith [e-mail] [phone].
Sincerely,
Heather Smith
Senior Environmental Scientist
cc: Richard Jones, Homeowner
Engineers I Scientists I Planners I Designers
Venture I
940 Main Campus Drive, Suite 500
Raleigh, North Carolina 27606
P 919.829.0328
F 919.833.0034

ATTACHMENT 1: FIGURES

Figure 1: USGS Vicinity Map
126 Duncansby Ct.1 Cary, North Carolina
1,000
Source: USA Topo Maps, Quadrangle Apex
2,000 Feet
-thb
126 Duncansby Ct.
.389.00 Ric ar.Jones-NoRiseCerti\Pro'ect\126 Duncans. Ct\126 D

Figure 2: Soils Map
126 Duncansby Ct.1 Cary, North Carolina
(N` 1
o
400
800 Feet
Source: 7970 Wake County Soil Survey, Map Sheet 66
126 Duncansby Ct.

Figure 3: Parcel Map
126 Duncansby Ct.1 Cary, North Carolina
.,
h 0r -e
City of 1l.:1llelpio, MC; CO y, LvtaKa +oiproqi,ftt,i CVP fWriou ti ° I_ tapsCorriti footor3, City ©t I° 112ogfr�, Town n of try; VAJ ke rotiirnty, :_;tatQ of
kith r rrPMEnta Dur, ©°patLStvrv,aii[ tap, UAkroz.0 , Eftli, HI PtE,
rilfnow; late. irVh, rare<wwolagl .,, 41c., VitE'rl 7rtL\ JSrE, EPA
[\CAS, LIS rotistiiS Goiontu, U A
(N '
100 200 Feet
Source: NC Onemap Aerial and
Wake County Parcel Data Accessed 4/4/22
126 Duncansby Ct.
uy.�.� . m u�innu�crcri���i�

Figure 4A: Existing Conditions Pre -Construction
126 Duncansby Ct.1 Cary, North Carolina
25
1 "=25'
Source: McNichol Drone Aerial
Pre -Grading Conditions
This represents the original location of the riprap and
the impervious pool decking. This was compiled
using aerial imagery provided by McNichol
Contracting.
Q Existing Impervious Pool Decking Within Neuse Buffers 590 sq.ft.
Zone 1 of Neuse Buffer (30')
0 Zone 2 of Neuse Buffer (20')

Figure 4B: Existing Conditions Post Bulkhead Construction
126 Duncansby Ct.I Cary, North Carolina
This represents the location of the pool and existing new
impervious pool decking. In this aerial the original pool
decking was removed and new impervious pool decking was
added. This was compiled using aerial imagery provided by
McNichol Contracting and VHB survey.
25 Feet
,126 Duncansby Ct.aprx (hsmith, 9/12
--- Surveyed Pool
> Surveyed Constructed Bulkhead-125'
Q Existing Impervious Pool Decking Within Neuse Buffers 590 sq.ft.
Source: McNichol Drone Aerial of Post Grading Conditions Zone 1 of Neuse Buffer (30')
and VHB survey of constructed bulkhead and pool. O Zone 2 of Neuse Buffer (20')

Figure 5: Buffer Impact Map
126 Duncansby Ct.1 Cary, North Carolina
0
25 Feet
Source: NC Onemap Aerial and
Wake County Parcel Data Accessed 4/4/22
7- Zone 1 Temporary Buffer Impacts -Grading 1,775 sq.ft.
Zone 1 Permanent Buffer Impacts -Tree Clearing 407 sq.ft.
Zone 2 Temporary Bufer Impacts -Grading 3,113 sq.ft.
7- Zone 2 Existing Buffer Impact 591 sq.ft.
Zone 1 of Neuse Buffer (30')
Zone 2 of Neuse Buffer (20')
:ems•'
hb.
N
E
Duncansby Ct\126 D(.
Path: \\vhb.com\gis\proj\Raleigh\3S

Figure 6: WOTUS Impact Map
126 Duncansby Ct.1 Cary, North Carolina
0
25 Feet
Source: NC Onemap Aerial and
VHB Surveyed Bulkhead
Pond Impacts 0.006 ac, 404 cubic feet
Constructed Bulkhead-125'
hb.
Duncansby Ct\126 Duncansby Ct.ap
seCerti\Project
w
c
0
a
\gis\projARaleigh\3S

ATTACHMENT 2: PROJECT PHOTOS

Richard Jones Bulkhead
Cary, Wake County, NC
Site Photographs
Existing Backyard Pre-Grading/Construction
Backyard Wing Wall Post Bulkhead Construction
Backyard Post Bulkhead Construction and New Pool Decking
Richard Jones Bulkhead
Site Photographs
Backyard Post Bulkhead Construction and Pool Decking
Removed
Backyard Wing Wall Post Bulkhead Construction
VHB Project No. 39389.00
Page 1 of 1

ATTACHMENT 3: PROJECT CONSTRUCTION DRAWINGS

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GRADING PLAN 1 "_ i o'
DRAINAGE & PIPE LAYOUT PLAN 1 "=10'
Know what's below.
CaII before you dig.
LEGEND
TS - Top of steps
BS - Bottom of steps
HP - High point
TC - Top of curb
BC - Bottom of curb
TW - Top of wall
FG - Finished grade
Existing contours
Proposed contours
+ (256.3) Existing elevation mark
+ 256.3 Proposed elevation mark
O Downspouts (DS); refer to grading
plan for routing drain pipes
(2) 4" DIA. Solid PVC drain pipes; schedule 40
—_— French drain; 4" DIA. perforated sock pipe
---- Wall drain; 4" DIA. perforated sock pipe
Solid schedule 40 pipe or A.D.S. double wall
s smooth pipe (size as noted on plan)
8„
•
Trench Drain (TD)
Catch Basin / Yard Inlet (CB) / (YI)
Junction Box (JB)
SLOT DRAIN
POOL DECK
SLOT DRAIN, SHOWN
DIAGRAMMATICALLY
COPING
SLOT DRAIN - DETAIL
PLANTER WALL SECTION
0'
5'
SCALE: 1 = 1 O'
(CHECK SCALE BEFORE USING)
1
20'
•
LIGGETT
DESIGN GROUP
LANDSCAPE ARCHITECTURE
SITE PLANNING & DESIGN
725-A PERSHING ROAD RALEIGH, NC 27608
PHONE [phone] FAX [phone]
MAIL@ LIGGETT DESIGN GROUP. CO M
SURVEYOR:
VHB ENGINEERING NC, PC
RALEIGH, NORTH CAROLINA
(919) 829 -0328
CONSULTANTS
ENGINEERINGTECH, PA
RALEIGH, NORTH CAROLINA
(919) 844 - 1 661
SEALS/SIGNATURE
* Ci *
'— C-150i
s•
��''• IFS I GN G \�.
/uu//1111111\\\\
\\�11111111////
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_�: 1147 :>_
,'/S?gyM L GG\\
/1///1111111\\\
NOT APPROVED FOR
CONSTRUCTION UNLESS SIGNED
BY LANDSCAPE ARCHITECT
CLIENT
ISSUED FOR:
REVIEW
ISSUED DATE:
NO. ITEM
e//c
\O DRAWING TITLE:
GRADING AND
DRAINAGE & PIPE
LAYOUT PLAN
DRAWN BY:
AS/RW/WAB
CHECKED BY:
FL
SCALE:
1"=10'
SHEET NUMBER:
L-3
OF 5
02022 LIGGETT DESIGN GROUP PLLC; ALL RIGHTS RESERVED

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ATTACHMENT 4: AGENT AUTHORIZATION

AGENT AUTHORIZATION FORM
Project Name:
Project Location:
Richard Jones Bulkhead
12GDunconybyCourt, Cary, NC 27511
Apri|2O22
The undersigned does hereby authorize:
The ProfessionalEngineers and Scientists VH0B
of
(Contractor /Agent) (Name ofconsulting firm)
to act on my behalf and take all actions necessary for the identification of potential aquatic resources
and permitting the Site. | understand that representatives ofthe NI.Division ofWater Resources
and/or U.S, Army Corps of Engineers may perform on -site verification of these resources and grant
permission for access for this purpose.
Mailing Address:
Richard Jones
126DuncansbvCt.
Cary, N[Z751l
9I9'741'0888
sione»1k@gmaiicom
I hereby certify the above information submitted in this application is true and accurate to the
best ofnnyknowledge.
Richard Jones
Signature
) `
,
/
Date

ATTACHMENT 5: RES MITIGATION ACCEPTANCE LETTERS

fires
EBX Buffer Mitigation Banks
Statement of Availability April 6, 2022
NC Division of Water Resources
Colleen Cohn
512 N. Salisbury St.
Archdale Building, 9th floor
Raleigh, NC 27604
Re Project: Richard Jones Bulkhead
This document confirms that Richard Jones (Applicant) for the Richard Jones Bulkhead (Project) has
expressed an interest to utilize 1,221.00 Square Feet of Riparian Buffer Mitigation Credits from one
of the following banks, EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES
Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, RES Poplar Creek Buffer & Nutrient Offset
Umbrella Mitigation Bank, EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank, or RES 2021
Neuse Umbrella Mitigation Bank. Specific bank sites that may be debited are Buffalo Branch, Selma
Mill, Cedar Grove, Hatley, Bucher, Hannah Bridge, Stone Creek, Meadow Spring, Uzzle, Poplar Creek,
Polecat and Wolf King, all located in HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC
and EBX, attests to the fact that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
Please contact me at 919-209-1055 or [e-mail] if you have any questions.
Best,
Amy Staley
Resource Environmental Solutions, LLC
701 E. Bay Street, Suite 306
Charleston, SC 29403
Bank Sponsor— EBX-Neuse I, LLC and Environmental Banc & Exchange (EBX)

ATTACHMENT 6: FEMA SUBMITTALS AND TOWN OF CARY EMAIL

Swift Creek Tributary No. 7A backwater
NO -RISE CERTIFICATION for the
Proposed Jones Sea Wall
In the Town of Cary, NC
Date: April 2022
INTRODUCTION
Richard Jones, owner of the property located at 126 Duncansby Ct in Cary, NC, has constructed a sea wall
to stabilize a portion of bank along a tributary to Swift Creek Tributary No. 7A that has eroded over time
seemingly due to wave action and various storm events. Swift Creek Tributary No. 7A (Basin 20, Stream
25) is in a FEMA detailed study area with an established floodway. The constructed sea wall is within the
MacGregor Downs Lake impoundment of the Swift Creek Tributary No. 7A floodplain and therefore
subject to FEMA regulations. Any changes in water surface elevation greater than 0.01 feet, floodway
width or location, or floodway water surface elevations will require FEMA approval through the Letter of
Map Change (LOMC) process.
Through discussions with the Town of Cary, NC, the Town advised that to be eligible for a no -rise
certificate, calculations would be required to prove the impacts of the constructed sea wall on the lake
not exceed a 10% volumetric change to the lake. If these requirements are met there is no anticipated
coordination through North Carolina Floodplain Mapping (NCFPM) or the Federal Emergency
Management Agency (FEMA).
VHB Engineering NC P.C. (VHB) has calculated these impacts using the sketches provided by McNichols
Contracting Corporation (contractor and designer for on -going site work) Richard Jones (the property
owner), GIS mapping and NCDOT photogrammetric imagery, and sealed QL2 LIDAR. The total length of
the wall proposed is approximately 125 feet along the shoreline. The top of the wall is approximately 2.2
feet above Normal Water Surface Elevation (NWSE).
No additional grading is anticipated within the 100-year floodplain area. VHB has been hired to help
complete Environmental Permitting and has provided McNichol Contracting and Mr. Jones the limit to
which they can develop based on the limitations of the Neuse Riparian Buffers (See A-1_Allowable
Buildable Area). A copy of the Neuse Riparian Buffer rules with a table of uses was also provided. (See A-
4_Neuse Riparian Buffer Rules)
CALCULATIC
Assumptions:
• Per the sea wall sketch provided to VHB (A-3_Duncansby Ct Seawall Detail) and the topographic
survey (A-5_Post-Construction Survey), a wall approximately 125 feet long has been constructed
along the shoreline approximately 2.2 feet above NWSE. The wall has been backfitl d' ithin the
FEMA floodplain.
Engineers I Scientists I Planners I Designers
940 Main Campus Drive, Suite 500
Raleigh, North Carolina 27606
P 919.829.0328
F 919.833.0034

• NWSE is based on surveyed elevations of the site obtained by VHB. Sealed QL2 LIDAR contours
and NCDOT photogrammetric aerial imagery were also utilized to obtain a surface area of the lake
at NSWE. The surface area of the lake was taken downstream of the trail crossing at the
MacGregor Downs Country Club golf course for a conservative estimate.
• As grading work has already begun, existing conditions are based on sealed QL2 LIDAR.
• Any permittable obstruction to floodwaters (ie minimal decking, planting, etc) is considered in the
calculations by adding 500 CF as a factor of safety.
• The most conservative estimate is to assume an average distance from normal pool to top of bank
in the lake of 2 feet. A greater height would lead to an over -estimation of the volume of the lake
when compared to the volume of the fill. A judgement was made to assume vertical banks to
provide a conservative estimate of the lake volume above normal pool.
• To obtain volume of fill, a representative cross section of the post -construction condition was
taken and compared with previous, unaltered conditions. This cross -sectional area was applied
for the 125-foot length of the wall that will impact existing shoreline. The total volume of fill within
the 100-year floodplain was used in the calculation of impacts to provide a conservative estimate
compared to the calculated volume of the lake at NWSE. See A-2_Existing to Constructed XSC
Comparison for cross sections details.
Normal Pool Elevation based on VHB survey = 350.3' NAVD88
Square footage of lake at normal pool =1,940,682 SF or 44.6 AC
VHB Project No. 39343.00
Page 2 of 3

Volume of the Lake
Volume of Constructed Fill
= (SQ FT @ NP) x Bank Height
= 1,940,682 SQ FT x 2 FT
= 3,881,336 Cubic Feet (CF) of Water
= 10.1 sq ft (XSC area) x 125 ft (L)
= 1262.5 Cubic Feet (CF) of Proposed Fill = 46.8 CY
SAY 50 CY or 1350 CF
Potential Additional Obstructions
SAY 500 CF
Impact of Constructed Sea Wall on Volume of Lake:
= (1350+500) CF Fill/3,881,336 CF Water
= 0.000477
= 0.05%
RESULTS
The assumptions to determine the influence of the constructed fill on the lake are conservative to
maintain a strict confidence that the project will not meet or exceed a 10% impact. The calculated impact
of the sea wall on the Volume of the Lake is 0.0477%. Based on these results, the constructed sea wall
and 50 CY of fill to stabilize the bank at the 126 Duncansby Ct property will be eligible for a No -Rise
Certificate for the Town of Cary, NC.
VHB Project No. 39343.00 Page 3 of 3

"NO -RISE" CERTIFICATION
This document is to certify that I am duly qualified engineer licensed to practice in the State of
North Carolina . It is to further certify that the attached technical data supports
(State)
the fact that proposed
Elevations on
Sea Wall at 126 Duncansby Court will not impact the Base Flood
(Name of Development)
Swift Creek Tributary No. 7A (Basin 20, Stream 24) at published
(Nanie of Streatn)
cross sections in the Flood Insurance Study for, Town of Cary , dated December 6, 2019
(Name o community) (Date)
and will not impact the base flood elevations at the unpublished cross -sections in the area of the
proposed development.
SEAL, SIGNATURE AND DATE
Courtney A. Carpenter, PE
Name
Water Resources Engineer
Title
VHB Engineering NC P.C.
940 Main Campus Drive, Suite 500 Raleigh, NC 27606
Address
FOR COMMUNITY USE ONLY:
Community Approval
El Approved
Ell Disapproved
CommunityOfficial's Name
Community Official's Signature Title
FEMA, MT

From: Miranda Salzler
To: Heather Smith
Subject: FW: [External] RE: 126 Duncansby Court No -Rise Submittal and Floodplain Development Permit Application
Date: Monday, April 4, 2022 3:27:22 PM
Miranda Salzler, PE, CFM
Senior Project Engineer
P 919.754.5009
www.vhb.com
From: Lisa Booze <[e-mail]>
Sent: Monday, April 4, 2022 11:36 AM
To: Miranda Salzler <[e-mail]>
Cc: Rick Jones <[e-mail]>; Courtney Carpenter <[e-mail]>; Daniel
McNichol <[e-mail]>; Charles Brown <[e-mail]>
Subject: [External] RE: 126 Duncansby Court No -Rise Submittal and Floodplain Development Permit
Application
Miranda,
I have approved the No -Rise, but the flood permit won't be officially "approved" until the building
permit comes back through for review.
Rick,
At this point the NOV is resolved as long as there is re -submittal and resolution for the building
permit application for the proposed work.
Daniel,
Please keep me informed with respect to your building permit resubmittal.
Lisa
Lisa S. Booze, CFM
Stormwater Specialist
Floodplain Administrator
TOWN Of CARY, STORMWATER DIVISION
PO Box 8005, Cary, NC 27512-8005
316 N. Academy Street, Cary, NC 27513
phone: [phone]
For the protection of its citizens, the Town of Cary has declared a State of Emergency and closed Town Hall and all
staffed facilities until further notice. Critical services including police, fire, sanitation, water distribution, wastewater,

inspections and permits, 911, and 311 will continue uninterrupted. For questions and more information
visit www.townofcary.org/covid-19 or dial 311 within town limits or 919-469-4000 outside Cary. As many Town
employees as possible are working from home, and response times may be longer than usual. 1 will email you back as
soon as possible.
In accordance with NC Public Records Act, emails and all attachments may be released to others upon request
for inspection and copying without prior notification.
From: Miranda Salzler <msalzlerPvhb.com>
Sent: Friday, April 1, 2022 11:10 AM
To: Lisa Booze <Lisa.BoozePtownofcary.org>
Cc: Rick Jones <rsjones1kPgmail.com>; Courtney Carpenter <ccarpenterPvhb.com>; Daniel
McNichol <danieI mcnicholcontracting.com>
Subject: 126 Duncansby Court No -Rise Submittal and Floodplain Development Permit Application
Lisa,
Good morning and Happy Friday! Please find attached the No -Rise package for 126 Duncansby Court in Cary.
I would like to point out that since the Environmental Permitting is eliminating portions of the original proposed
design (due to restrictions of allowable uses within the Neuse Riparian Buffer Zones), we are not providing a
final design in this package, rather a statement that analysis is based on the grading and seawall addition that
has already occurred with an extra factor of safety included in case any proposed minor decking or planting
incurs any additional obstruction to floodwaters. VHB has provided Mr. Jones and Mr. McNichol a figure and
CADD drawing of where development is permittable along the property based on the buffer zones. You can
find this figure in the attachments.
Please let me know if you have any questions or concerns on this no -rise submittal.
Thank you,
Miranda
Miranda Salzler, PE, CFM
Senior Project Engineer
it b
Venture I
940 Main Campus Drive, Suite 500
Raleigh, NC 27606-5217
P 919.754.5009
msalzlervhb.com
Engineers I Scientists I Planners I Designers
www.vhb.com
VHB Viewpoints
Explore trends and critical issues with our thought leaders.
This communication and any attachments to this are confidential and intended only for the recipient(s). Any other use, dissemination,
copying, or disclosure of this communication is strictly prohibited. If you have received this communication in error, please notify us and
destroy it immediately. Vanasse Hangen Brustlin, Inc. is not responsible for any undetectable alteration, virus, transmission error,
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Vanasse Hangen Brustlin, Inc. I [e-mail]

ATTACHMENT 7: NC NATURAL HERITAGE PROGRAM REPORT

• ■■■
■■ • NC DEPARTMENT OF
■ ■•■E NATURAL AND CULTURAL RESOURCES
• ■■■
April 6, 2022
Heather Smith
VHB
940 Main Campus Dr. Suite 500
Raleigh, NC 27606
RE: 126 Duncansby Ct.; 39389.00
Dear Heather Smith:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-17628
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 [e-mail] 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 [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
126 Duncansby Ct.
Project No. 39389.00
April 6, 2022
NCNHDE-17628
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 Area Name
Town of Apex Open Space - Apex Community Park Town of Apex
Town of Cary Greenway - Swift Creek Greenway Town of Cary
Town of Cary Greenway - Tarbert Gatehouse Trail Town of Cary
Town of Cary Open Space Town of Cary
Town of Cary Open Space Town of Cary
er Type
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.org/help. Data query generated on April 6, 2022; source: NCNHP, Q4, January 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-17628: 126 Duncansby Ct.
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April 6, 2022
O
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Project Boundary
Buffered Project Boundary
Managed Area (MAREA)
1:20,712
0 0.175 0.35
0 0.275 0.55
0.7 mi
J
1.1 km
Sources' Esri, HERE, Garmin, Intermap, increment P Corp-, GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMep contributors, and the GIS
User Community
Page 3 of 3

ATTACHMENT 8: USFWS INFORMATION FOR PLANNING AND
CONSULTATION SPECIES LIST

KYE.p T {Ds ry
-
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2022-0028560
Project Name: 126 Duncansby Ct.
April 06, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered

04/06/2022 2
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see hops://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.

04/06/2022 3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds

04/06/2022 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

04/06/2022 2
Project Summary
Project Code: 2022-0028560
Event Code:
Project Name:
Project Type:
Project Description:
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.7458501,-78.79765112903726,14z
None
126 Duncansby Ct.
Bulkhead - New Construction
Install bulkhead
Counties: Wake County, North Carolina

04/06/2022 3
Endangered Species Act Species
There is a total of 8 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Amphibians
NAME
STATUS
Neuse River Waterdog Necturus lewisi
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/6772
Fishes
NAME
Carolina Madtom Noturus furiosus
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/528
Endangered
STATUS
Threatened
STATUS
Endangered

04/06/2022 4
Clams
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/784
Yellow Lance Elliptio lanceolata
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/4511
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Threatened
Endangered
Threatened
STATUS
Candidate
STATUS
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

04/06/2022
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle
Protection Actz.
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.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, 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
BREEDING
SEASON
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.
hops://ecos.fws. gov/ecp/species/1626
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Sep 1 to
Jul 31
Breeds May 1
to Jul 31

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NAME
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
BREEDING
SEASON
Breeds May 10
to Sep 10
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and 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.
Breeding Season ( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (I)
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.

04/06/2022 3
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
• probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald
Non-BCCe +111 1 1�� 1+
�+ +'++ ++++ +-'i "" —+—' i"" ""'ll 1p-1
Vulnerable
Prairie Warbler
BCC Rangewide ++++ ++++ ++++ ++++ 1111 1111 1111 +�— +-- ----, --�— +�+
(CON)
Red-headed
Woodpecker +
ll 1111 1111 1111 II-- ---�
+++ ++++ ++++ -11+ +' �+�+
BCC Rangewide
(CON)
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/
management/nationwidestandardconservationmeasures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.

04/06/2022
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.
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.
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

04/06/2022 5
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.
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

04/06/2022 6
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.

04/06/2022 7
IPaC User
Agency:
Name:
Address:
Address Line 2:
City:
State:
Zip:
Email
Phone:
Contact Information
VHB
Heather Smith
940 Main Campus Dr
Suite 500
Raleigh
NC
27606
[e-mail]
9197545019