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HomeMy WebLinkAbout20221409 Ver 1_ePCN Application_20221007DWR 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: 6/22/2022 BIMS # Assigned* Version#* 20221409 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review la. Name of project: WALLBROOK RESIDENTIAL la. Who is the Primary Contact?* Bob Zarzecki What amout is owed?* $240.00 $570.00 Select Project Reviewer* Colleen Cohn:eads\cmcohn 1 b. Primary Contact Email:* lc. Primary Contact Phone:* bzarzecki@sandec.com (919)846-5900 Date Submitted 10/7/2022 Nearest Body of Water Harris Creek (Peeples Creek)(Wake Crossroads Lake); 27-26 Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.9119019 -78.473954 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: 29 - Residential Developments 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: 1f. 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: Wallbrook Landco LLC 2b. Deed book and page no.: Book 018103 / Page 01563 2c. Contact Person: Barry James 2d. Address Street Address 3 Keel Street Address Line 2 Suite 2 City Wrightsville Beach Postal / Zip Code 28480-1079 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (704)414-7477 2g. Email Address: * bjames@csere.com 4. Agent/Consultant (if applicable) 4a. Name: Bob Zarzecki 4b. Business Name: Soil & Environmental Consultants, PA 4c. Address Street Address 8412 Falls of Neuse Road Address Line 2 Suite 104 City Raleigh Postal / Zip Code 27615 4d. Telephone Number: (919)846-5900 4f. Email Address: * bzarzecki@sandec.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) WALLBROOK lc. Nearest municipality / town: Rolesville, NC 2. Project Identification 2a. Property Identification Number: 1758568976 2c. Project Address Street Address S. Main Street Address Line 2 Hwy 401 City Rolesville Postal / Zip Code 27571 3. Surface Waters State / Province / Region NC Country USA 4e. Fax Number: (919)846-9467 3a. Name of the nearest body of water to proposed project: * Harris Creek (Peeples Creek)(Wake Crossroads Lake); 27-26 3b. Water Resources Classification of nearest receiving water: * C;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010703 4. Project Description and History 2b. Property size: 44.10 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 existing conditions on the site consist of vacant, wooded land. To the east is the existing Wall Creek single family residential subdivision. To the north-northwest is South Main Street and various highway businesses and fast-food restaurants. The to the south-southeast is the existing Carlton Pointe single family residential subdivision. To the south-southwest is the recently approved Publix Super Market anchored shopping center. 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: 0.097 ac 4g. List the total estimated linear feet of all existing streams on the property: 1,891 feet 4h. Explain the purpose of the proposed project: * To construct a single family residential subdivision. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project includes the construction of a single family residential subdivision to be known as Wallbrook. The project is being required by the Town of Rolesville to connect to the existing stub -road of Wall Creek Drive which will connect the project to the existing Wall Creek Subdivision allowing for direct access to and through the project from Wall Creek Subdivision and thereby reducing traffic on South Main Street. The project will connect to the recently approved Publix Super Market anchored shopping center to the south. No wetlands, waters or buffers exist on that property. Future outparcels are and development are allocated along South Main Street, but again no wetlands, waters or buffers exist on those outparcels. Other than a couple SCM conveyances and an aerial sewer crossing, the project would have been able to avoid all wetlands and waters if not for the Wall Creek Drive connection. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2019-00873 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Bob Zarzecki Soil & Environmental Consultants Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR SAW-2019-00873, May 24, 2019 NBRRO #17-432, December 19, 2019 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No; The project will connect to the recently approved Publix Super Market anchored shopping center to the south. No wetlands, waters or buffers exist on that property. Future outparcels are and development are allocated along South Main Street, but again no wetlands, waters or buffers exist on those outparcels. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 3. Stream Impacts Buffers 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Road Crossing Permanent Culvert Stream C Intermittent Both 9 Average (feet) 86 (linear feet) S2 Dissipater Pad Permanent Rip Rap Fill Stream C Intermittent Both 7 Average (feet) 33 (linear feet) S3 Temporary Construction Temporary Other Stream C Intermittent Both 8 Average (feet) 3 (linear feet) S4 Temporary Construction Temporary Other Stream C Intermittent Both 8 Average (feet) 3 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 119 3i. Total stream and ditch impacts: 125 3i. Total temporary stream impacts: 6 3j. Comments: Note the only stream impacts proposed by this project is for this single connection to the existing road -stub of Wall Creek Drive. Permanent stream loss has been limited to 0.019 acres. The dissipater will be embedded below the existing streambed elevation to allow for aquatic life passage. 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 Road Crossing (Impact Area A) P Stream C No 6,025 4,030 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: Zone 1 0.00 Zone 1 Zone 2 0.00 Zone 2 6,025.00 4,030.00 Zone 1 Zone 2 6,025.00 4,030.00 6i. Comments: Additionally the following buffer impacts are proposed and considered "Deemed Allowable": Impact Area B (SCM Conveyance) ="Deemed allowable", Zone 1 = 394 SF, Zone 2 = 266 SF Impact Area B (Zone 2 Grading) ="Deemed allowable", Zone 2 = 628 SF, Zone 2 = 1027 SF Impact Area C (SCM Conveyance) ="Deemed allowable", Zone 1 = 394 SF, Zone 2 = 429 SF Impact Area C (Zone 2 Grading) ="Deemed allowable", Zone 2 = 1902 SF, Zone 2 = 2172 SF Impact Area D (Utility Crossing) ="Deemed allowable", Zone 1 = 1000 SF, Zone 2 = 632 SF, Zone 1 = 1002 SF, Zone 2 = 628 SF Impact Area D (Grading impact) ="Deemed allowable", Zone 2 = 56 SF E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC was hired by the previous owner to delineation all potentially jurisdictional wetlands, streams and Neuse Buffers well in advance of selling the property. This allowed the future buyer and developer the ability to plan for minimization and avoidance very early in their design of the project. As such, all wetlands were avoided by the project. And, other than a couple SCM conveyances and an aerial sewer crossing through the Neuse Buffer, the project would have been able to avoid all impacts if not for the required connection to the existing road -stub of Wall Creek Drive. Retaining walls have been proposed to minimize stream and buffer impacts at this crossing. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The project will obtain a sediment and erosion control permit from the Town of Rolesville to include silt fencing, silt basins and other similar best management practice measures to protect impacts to avoided streams, wetlands and buffers both on and off the site during construction. Two stormwater control measures (SCMs) are also proposed to treat runoff and protect downstream waters post -construction. 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: 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Town of Rolesville Comments: Town of Rolesville stormwater management plan not yet received. 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 proposed project is a single family residential community within vacant infill properties located within Town of Rolesville and is not anticipated to result in additional development that could lead to impacts to downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater from the residential community will be treated by the City of Raleigh sanitary sewer system. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes 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? See attached threatened and endangered species report and Fish and Wildlife Service concurrence dated August 25, 2022. 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 EFH mapper website; the project is located within the piedmont region of NC far from any EFH areas. 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?* SHPO HPOWEB website; see attached SHPO HPOWEB map. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* NC Flood Maps website; FEMA DFIRM 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 Wallbrook Residential_PCN Attachments_(S&EC 13382).pdf 15.77MB File must be PDF or KMZ Comments Attached are the required PCN attachments for your review. 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: S&EC, PA - Bob Zarzecki Signature c5 t`s'C. t31-AerZae,ree Date 10/7/2022 Environmental Consultants, 9412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846-5900 sandec.com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: WALLBROOK RESIDENTIAL S&EC Project 413382 Date: 2022 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: April Norton Field Office: USACE Raleigh Re ug latory Field Office I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff (as my agent) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC (as my agent) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Address: S. Main Street, Hwy 401, Rolesville, Wake Co., NC Evaluation Area: +/- 44.10 acres Deed: Book 018103 / PaRe 0 15 63 PIN No.: 1758568976 Lat/Long: 35.9119019/-078.473954 Watershed: Harris Creek (Peeples Creek)(Wake Crossroads Lake), 27-26, "C:NSW", Neuse 03020201 PROPERTY OWNER INFORMATION: Name: Wallbrook Landco LLC Address: 3 Keel Street, Suite 2, Wrightsville Beach, NC 28480-1709 Phone No.: ( 704) 414-7477 Mobile No.: ( 704 ) 506-6662 Email: bjames@csere.com Property Owiiej.(please print) Property We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge, Bob Zarzecki From: Bob Zarzecki Sent: Wednesday, June 22, 2022 11:38 AM To: Cohn, Colleen M; Norton, April R CIV USARMY CESAW (USA) Subject: RE: [External] Re: Wallbrook Residential Subdivision, Rolesville, Wake County, NC - Greenway Trail Proposed Neuse Buffer Impacts (S&EC 13382.W10 / SAW-2019-00873 / DWR NBRRO 17-432 Attachments: CPR1 91 00-Combined-1 st Submittal to S&EC.pdf, SAW-2019-00873 signed PJD.pdf, Rolesville 42-ac site_DWR NBRRO 17-432 (reduced).pdf Importance: High Colleen — The Town agreed not to locate the paved greenway in the buffer along the north side of the stream and rather connect to the existing greenway to the south. They are requiring them to install a natural surface trail (no built upon area) in Zone 2 with only limited small tree removal (if any), so a "deemed allowable" use. Feel free to take a look at the attached latest draft impact maps. I'm waiting on some minor changes, but all and all pretty good. I know you're busy though, so feel free to wait until it comes in, which will be very soon I suspect. April — Can you review the attached draft impact maps and let me know if any stream mitigation will be require for the road crossing (Impact Area "A"). It's close, but the permanent loss is under 0.02 acres (at 861 sf / 0.0198 acres) and only 86 If long. There's an additional 22 If (140 sf/0.003 acres) of permanent impact, no permanent loss riprap dissipater. And, a total of 5 If of temporary impacts. Total If is only 113 If, so it would have been well under past mitigation thresholds, but is close under the new thresholds. All and all they've done a good job minimizing the impact, crossing perpendicular and using retaining walls. BOB ZARZECKI Wetlands Department Manager/Vice-President/Principal Soil & Environmental Consultants, PA 2 From: Cohn, Colleen M <colleen.cohn@ncdenr.gov> Sent: Tuesday, April 19, 2022 1:09 PM To: Bob Zarzecki <bzarzecki@sandec.com> Cc: chris@glenbrookdev.com Subject: RE: [External] Re: Wallbrook Residential Subdivision, Rolesville, Wake County, NC - Greenway Trail Proposed Neuse Buffer Impacts (S&EC 13382.W10) Hi Bob, Thanks for reminding me about this one! The proposed greenway does appear to fall under the "Allowable Upon Authorization" category per 15A NCAC 02B .0714(11)(j)(iii). With a potential alternate route that avoids and minimizes impacts and uses existing infrastructure, it appears that the project would not demonstrate all of the criteria required in 15A NCAC 02B .0611(b)(2). The applicant would need to demonstrate how (1) the basic project purpose cannot be practically accomplished in a manner that would avoid or better minimize disturbance and (2) that the use cannot practically be reduced or reconfigured to better minimized disturbance. Thanks, Colleen Cohn Environmental Specialist II North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 276o9 Office: 919-791-4258 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bob Zarzecki <bzarzecki@sandec.com> Sent: Sunday, April 17, 2022 1:52 PM To: Cohn, Colleen M <colleen.cohn@ncdenr.gov> Cc: chris@glenbrookdev.com Subject: [External] Re: Wallbrook Residential Subdivision, Rolesville, Wake County, NC - Greenway Trail Proposed Neuse Buffer Impacts (S&EC 13382.W10) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Colleen - Happy Easter! I wanted to follow up on this email below. Any guidance you can provide us would be greatly appreciated. Thanks! - Bob Zarzecki Sent from my iPhone On Mar 23, 2022, at 12:19 PM, Bob Zarzecki <bzarzecki@sandec.com> wrote: Colleen: Hope you're doing well and able to keep your head above water. I know you're beyond swamped with applications right now. I'm working on a residential subdivision project in Rolesville, Wake County, NC called "Wallbrook". The Town has asked the developer (copied on this email) to build a greenway trail on the north side of a tributary stream subject to the 50' Neuse Buffers. Please refer to the attached draft plans (excerpt below) showing the location of this proposed trail. I've aligned the plans such that North is up and highlighted (in green) and labeled the new greenway trail that's proposed in the buffer. The paved trail would add "built upon area" in Zone 2 of the buffer, most likely will avoid Zone 1 impacts and not exceeding 10' wide with 2' shoulders (although final grading plans have not been completed). believe this trail would require your approval as an "Allowable Upon Authorization" use per 15A NCAC 02B .0714(11)(j)(iii). There is an existing greenway trail, playground and sidewalk south of this stream and buffer (which I've labeled on the plans). The developer has committed to building this new trail north of the stream per the Town's request, if DWR will approve it. I've expressed my concerns as to whether DWR would approve these parallel buffer impacts given the existing trail located on the other side (south) of the stream and the potential to connect to it without the need for the parallel impacts on the north side or the need to cross the stream or buffer. (See pink dashed alternative trail connection.) Also, the proposed trail would stub at the property line to an existing single family lot and additional buffer impacts and stream crossing(s) would be needed to connect to other trails beyond this development. The Town has requested the developer to obtain guidance from DWR before they make a decision on whether they will require this new trail or accept alternative plans. Can you please provide us your initial thoughts on this matter? Notably whether you think these requested parallel buffer impacts would meet the conditions for authorization? We understand that you can't formally make this determination without an application to review, but would appreciate any guidance you can provide. Thanks! BOB ZARZECKI Wetlands Department Manager/Principal Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office (919) 846-5900 Direct (919) 256-4517 Mobile (919) 270-2068 bzarzeckiL@sandec.com Visit us at sandec.com This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. MA Please consider the environment before printing this email. IN AVE UND.AVE Project Number: Map Title: N 13382.W1 0 500 1,000 Project Manager: Figure 1- USGS Map I I I I I I I I BZ Rolesville 42-acre Site Feet Scale: 1500' Wake County, NC " = Source: Soil & Environmental Consultants, P Date: NC USGS X4Q I.l .1'%—R. d.S.if lily Ro..O. XCZW.15•Pwn.: j919) N -59 -F.':(919) k•. 11 /30/17 Rolesville Quadrangle ��"�" 4 UB DuB VVn is' E3 - L �1 LOB ` .. �} U WLw ' s.9 r k Project Number: Map Title: N 13382.W1 0 500 1,000 Project Manager: Figure 2- Soil Survey Map I i i i I i i i I BZ Rolesville 42-acre Site Feet Scale: 1500' Wake County, NC " = • Source: Soil & Eiivironmental Consultants, P Date: Wake County %J 47 k+No'1 yeN.xJ, tiuie ]�y Ndr�, ��p 615•Pwnr- �9]u6 y9no-F'+x: [919]NJb 11/30/17 Soil Survey Sheet 22 �� U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00873 County: Wake County U.S.G.S. Quad: Rolesville NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Bob L. Murray Trust Attn: Brent King Address: PO Box 40639 Raleieh, NC 27629 Telephone Number: 919-971-2071 Size (acres) 42 Nearest Town Rolesville Nearest Waterway Toms Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.9110207148833 Longitude:-78.4738428593168 Location description: The pro*cct site is approximately 42 acres located adiiacent to South Main Street, near the town of Rolesville, Wake County, North Carolina, and is identified by PIN 1758568976. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in anyway 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. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this 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 property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water- Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be reliedupon for a period not to exceed five years from the date of this notification. There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water- Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish This wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SAW-2019-00873 _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to 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 waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastinger at (919) 554-4884 or Jam es.C.Lastin ger(iusace.army.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: 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 for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Digitally signed by LASTINGER.JAME LASTINGER.JAMES.C.136364240 Corps Regulatory Official: S.C.1363642400 Date: 2019.05.2408: 16:08-04'00' Date: May 24, 2019 SAW-2019-00873 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.a=.mil/cm_Mex/f?p=136:4:0. Copy Furnished: Soil & Environmental Consultants, PA Attn: Bob Zarzecki 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 SAW-21119-IIIIR73 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Bob L. Murray Trust File Number: SAW-2019-00873 Date: May 24, 2019 Attn: Brent Kin Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of permission A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/ReyulatoiyProgramandPermits.aspx or 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 terns and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your - objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: if you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: if you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2019-00873 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 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the if you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-PDO Attn: James Lastinger U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Dr., suite 105 60 Forsyth Street, Room 10M15 Wake Forest, NC 27587 Atlanta, Georgia 30303-8801 919-554-4884 ext 32 Phone: 404 562-5137 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 opportuni to participate in all site investi ations. 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. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: May 24, 2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Bob Zarzecki, S&EC, 8412 Falls of Neuse Rd., suite 104, Ralei6h, NC 27615 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-R, Bob Murray 42 acre site/Rolesville/Wake County, SAW-2019-00873 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The proiect site is approximately 42 acres located adiacent to South Main Street, near the town of Rolesville, Wake County, North Carolina, and is identified by PIN 1758568976. Please see the attached table and map entitled "Figure 3: Rolesville 42 acre site" dated December 19, 2017 for approximate size and locations of aquatic resources on site. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Wake City: Rolesville Center coordinates of site (]at/long in degree decimal format): Lat.: 35.9110" Long.:-78.4738" Universal Transverse Mercator: Name of nearest waterbody: Toms Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: May 24, 2019 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Latitude (decimal Longitude Estimated amount of Type of aquatic Geographic authority to Number degrees) (decimal degrees) aquatic resources in resources (i.e., which the aquatic resource review area (acreage wetland vs. non- ..may be" subject (i.e., and linear- feet, if wetland waters) Section 404 or Section applicable 10/404 SB 35.9097 -78.4751 1,016 linear feet Non -wetland Section 404 SC 35.9124 -78.4726 1,395 linear feet Non -Wetland Section 404 W1 35.9121 -78.4726 0.1 acre 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 orjudicial 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 should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requester: Map: Figure 3: Rolesville 42 acre site" dated December 19, 2017 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concurwith data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: Arc GIS online viewer NHD dataset ® USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Rolesville Quad ® Natural Resources Conservation Service Soil Survey. Citation: Wake County 1970, sheet 22 ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): undated or ❑Other (Name & Date ❑ Previous determination(s). File no. and date of response letter: ❑ 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. Digitally signed by LASTINGER.JAME LASTINGER.JAMES.C.1363642 400 S.C.1363642400 Date: 2019.05.2408:16:43 -04'00' Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. Ifthe requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing au action. ---- , ---- --------- 1 S P EC S P EC Water Resources Environmental QEtalit% December 19, 2017 Bob Zarxecki S&EC 8412 Falls of Neuse Road, Suite 105 Raleigh, NC27615 ROY COOPER f io t ervor MICHAEL S. REGAN Set rehtrn LINDA CULPEPPER Inrerho Dtrticrnr Subject: Determination Letter NBRRO #17-432 Wake County Determination Type: Buffer IntermittentlPorennial ® Neuse 05A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 213 .0259) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Address/Location: Stream(s): Rolesville 42 Acre Site S Main Street, Rolesville UT's to Harris Creek Determination Date: December 18, 2017 Staff: Ray Milosh Feature E/I/P* Not Subject StartCq StopCi Soil USGS Subject Survey To o Stream I X "Stream A Start" X A Fla Stream I X "Stream B Start" X B Fla Stream P X "Stream B UP" Flag X B at confluence of Stream A and Stream B Stream 1 X "Stream C Start 1" "Stream C Stop 1" X X C Fla Fla Stream P X "Stream C UP" Flag X X C *E/IIP = Ephemeral/Inteimiltent/Perennial Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or is not present. - 7—:-'-Nothlnq Compar•es—. State of Noah Carolina I Environmcnlal Quality 1611 Mail Service Center I Raleigh, forth Carolina 27699-161 1 919-707-90()0 Streams that are checked "Subject" have been located on the property and possess characteristics that qualify it to be at least an intermittent stream. There may be other streams located on the property that do not show up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers. This on -site determination shall expire fire (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the D►VR may request a determination br• the director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall he referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins; DWR - 401 & Buffer Permitting Unit; 161 7,Mail Service Center; Raleigh, A'C 27699-1617. If sending via delivery service (UPS. FedEx, etc.). Karen Higgins; DWR - 401 & Buffer Permitting Unit: 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, unless an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you ha-ve questions regarding this determination, please feel free to contact Ray Milosh at (919) 74I-4-140. Sincefziy, Danny Smith Supervisor, Water Quality Regional Operations Center cc: RRO DWR File Copy 17-432 Rolesville 42 Acre Site F F,AAV4 Iq LA I/,--% Stream C disperses into a wetland between "Stream C Stop 1" Flag and "Stream C VP" Flag LN 00 "Or 00 ,0.� Stream B C� Stream 6 1/P r V, Q Stream A Map provided by NCDEQ Division of Water Resources 0, ,�444, Locations are approximate and are provided for reference only ;. I f Feature EIIIP* Not Sub- Sub- Start(r Stop@ Soil Sur- USGS ject Sect Bey Topo Stream A I X "Stream A Start" Flag X Stream B I X "Stream B Start" Flag X Stream B P X "Stream B IIP" Flag at X confluence of Stream A and Stream B Stream C I X "Stream C Start V "Stream C Stop 1" X X Flag Fla Stream C P X "Stream C IIP" Flag X X 17-432 Rolesville 42 Acre Site 1 a Feature EI11P" Not Sub- Subject Start'a' Stop() Soil Sur- USGS ject Bey Top❑ Stream A 1 X "Stream A Start" Flag x Stream B I x "Stream B Start" Flag x Stream B P X "Stream B 11P" Flag at X confluence of Stream A and Stream B Stream C I x "Stream C Start ]" Flag "Stream C Stop 1" x x Flag Stream C I X "Stream C IIP" Flag X x Detailed Delineation of Waters of the US Suitable for Preliminary Planning Only S&EC reserves the right to modify this map based on more fieldwork, and any other additional information. Approximations were mapped using topographic maps, air and truthing. If the site is photos to be disturbed, S&EC's detailed permitted by the U.S. Army Corps this work desires an accurate map S&EC, they should retain a NC Registered lnrata. C&.FC's ground going delineation should be approved and of Engineers as required. If the user o of the regulated features flagged by Professional Land Surveyor to flanninn. } ------------------------ `-- t ��. ,Y ' 1 /i I \ // \\ i h / \ I ;\ ii I !�� .1111JIMINAMR-2 MA \l1we i 1 % \ 1;1k \ 1. J. -�k \\� �% -cam,. ---- _- 01 Ll It \\_(: _ -_- � �� ` . � `--/ / 11 � :.'•---'' \ \� �� \ ...���[[[ S& EC MA PACT A EA / M I CHIMNEYDR J�,_.. �RfSSTgRc SCM R I i IMIPACTAREA �� I, r— 7 41, i I M PACT AREA T�' SCM ss „B„ ss EXISTING v -- `b` V I RGTN R wATE-Rs€)R--- - ACT AREA � W- s\ OVERALL IMPACT AREA MAP N GRAPHIC SCALE 0 75 150 150 NC GRID (NAD83) 1 inch - 150 ft. \cPR\cPR-igloo\0a-P,Oa�rnO�\E�g�een�g\s'ce Plan-m�:c,�mo� oawngs\c�„enc 1,.—g,\CPR19100-imp,.:-El d.g. 10/4/2022 il2a:40 AM,1— V-- The John R. sCompany, Inc. '� Nd 2905 Meddlan Parkway he oncham, c —13 phone 919. 361. 5000 fax 919. i51. 1211 MCADAMS license number: C-0293, C-187 wwwmeadam=enenm PLAN INFORMATION WALLBROOK PROJECT NO. CPR-19100 FILENAME CPR19100-El ENVIRONMENTAL IMPACT MAPS CHECKED BY JPM S. MAIN STREET DRAWN BY JMS ROLESVILLE, NORTH CAROLINA SCALE DATE 1"=150' 10,04.2022 ZONE 1 ROAD CROSSING PERMANENT STREAM IMPACT PERMANENT —NO PERMANENT :; j, BUFFER IMPACT LOSS (DISSIPATOR PAD) ZONE 2 ROAD CROSSING IMPACT TEMPORARY STREAM BUFFER IMPACT IMPACT / I ZONE 2 ROAD I CROSSING BU FER IMPACT II I / / CROSSING BUFFER IMPACT AREA=1,955 6F I �\ AREA=2,075 /SF / I I I I I \I I `I ZONE 1 ROAD a� I CROSSING BUFFER —m/�—ai7 i Q1/a+—av Ir Fzqx IMPAC INGOBUfFER I / \\ IMPACT I AREA=3,093 ��F / \y a� IREA 2,932 �SF I II j I I sa —/—mldl mlai mfai m/ i/ _ I _ � I T/.. T�_.�roACO TP/LD11 �1 W J TP//�T.. ItPI�/ 9 [UBLIATORM RAI IOF DISTURBANCI=/ ETAINING WALL -S-' G I 1 EASEMENT TUNES PROTECTION FENFE MR.) (DESIGNED BY/ 2p• J OTHERS) TYP IpNE'2 ;•:�'�0 I / 1 '7 30' (�y1-],�'A8K I PERMANENT 30' TEMPORARY I CLA�9--@' RIPR P I STREAM IMPACT AREA 0.019 AC STREAM IMPACT E4=25 SF, / - LF=B I 3p, \� PERMANENTINO PERMANENT I / 2 0 LOSS IMPACII (DISSIPATOR PAD) AREA=$38 SF, LF=33 50' NEUSE,IP1- RIPARIAN,BUFFER I \\ 50' NEUSE RIV1rR IpN 666666 f / TOP OF RIP P PLACED FLUSH WITH �XISTING 1 (MEASI �D 50' FROM TOP BANK) I 1 RIPARIAN BUFF R 2 (MEASURED 50' FROM STREAM BED 9 I TOP OF BANK) \ 1 \ IMPACT AREA "A" TOTAL: PERMANENT STREAM CHANNEL IMPACT = 0.019 AC PERMANENT -NO PERMANENT LOSS IMPACT = 0.005 AC TEMPORARY STREAM CHANNEL IMPACT = 48 SF N ZONEIBUFFER IMGRAPHIC SCALE PACT AREA (0.14 AC) a in 20 40 ZONE 2 BUFFER IMPACT AREA = 4,030 SF (0.09 AC) NC GRID(NAD83) linch =20 ft. ConPanv,ln=. ohna.M"'i'n PLAN INFORMATION Pa 290s one, Nc 13 o�.nam, Ivc nn3 WALLBROOK PROJECT NO. CPR-19100 FILENAME CPR19100-El phone 919.361.5DO ENVIRONMENTAL IMPACT MAPS CHECKED BY JPM rau 9ib,,.22e9a293, S. MAIN STREET DRAWN BY JMS Ilcense number:C-C-C-18) SCALE 1"=20' McADAMS ... me a mseo enm ROLESVILLE, NORTH CAROLINA DATE 10,04.2022 I ZONE 1 GRADING BUFFER IMPACT ZONE 2 GRADING BUFFER IMPACT I M PACT AREA "B" TOTAL: ZONE 1 SW OUTLET BUFFER IMPACT = 394 SF ZONE 2 SW OUTLET BUFFER IMPACT = 266 SF ZONE 2 BUFFER IMPACT AREA = 1,655 SF (0.04 AC) 20NE 1 SW OUTLET BUFFER IMPACT 20NE 2 SW OUTLET BUFFER IMPACT 50' NEUSE RI 1 RIPARIAN BUFF \ (MEASURED 5C' RIOM N TOP OF BANK) 1 \ \ r I / \ I 3G. 1 zDNE � I \\ VELOCITY DISSIPATOR \ \ NCDOT CLASS ITRIPRAP 241 (MIN) X 9'W X 22" THICK\ \ \ \\ ZgNE 2 SW OUTLET \ \ BU FER IMPACT AR A=266 SF \ \ \� ZONE 1 SW QUTgET BUFFER IMPMPA\\ AREA=394 SFjI ` � 1 \ tl Z E 2 GRADING u BU ER IMPACT AREA—< SF ffl \ / \ LIMITS OF\ DISTURBANCE/ \ \ TREE PROI�£CTION FENCE \ (TYP.) \ The JohnR M"'i'n Comp any, Inc. osMe,dlanpa,13 WALLBROOK on�ham, Nc z22s3 phone 919. 361. 6000 ENVIRONMENTAL IMPACT MAPS rav 919. is 22s9 S. MAIN STREET Ilcense number: C-0293, C-18) MCADAMS ... __enenm ROLESVILLE, NORTH CAROLINA GRAPHIC SCALE 0 10 20 40 1 Inch = 20 ft. PLAN INFORMATION PROJECT NO. CPR-19100 FILENAME CPR19100-El CHECKED BY JPM DRAWN BY JMS SCALE 1"=20- DATE 10,04.2022 ZONE 2 GRADING/UTILITY BUFFER IMPACT ZONE 1 SW OUTLET BUFFER IMPACT 340 `� \\ 30' CITY OF RALEIGH SANITARY SEWER EASEMENT 1 �\ \ ZONE 2 \\ �RADING/UTILITY \ \ \ \ BUFFER IMPACT \ AREA=1,902 SF _ VVEEL�OCITY DISSIPATOR I I\ NC DbT CLASS B' RI RAP \ 111 \ _ 18'C'{A�J id) Xk9'W X 22" THICK - ZONE 2 SW OUTLET \ BUFFER IMPACT \REA=429 SF E.T RIPRAP TO EXTEND TO CREEK � \ — @ANK TO PREVENT \ E SION \ 20NE 2 SW OUTLET BUFFER IMPACT '-20NE 1 SW OUTLET IMPACT AREA "C" BUFFER IMPACT AREA=394 SF TOTAL: ZONE 1 SW OUTLET BUFFER IMPACT = 394 SF ZONE 2 SW OUTLET BUFFER IMPACT =429 SF ZONE 2 BUFFER IMPACT AREA = 4,074 SF (0.09 AC) The John R. Mc4dams Company, Inc. 29R Meridian Parkway on�ham, Nc z2713 phone 919.361.5000 fax 919. i5 2269 license number: C-0293, C-18) WADAMS wwwmeadam=enenm \ I 20 TYPE 'B' 5 I BUFFER WALLBROOK ENVIRONMENTAL IMPACT MAPS S. MAIN STREET ROLESVILLE, NORTH CAROLINA JAMES A & \ PHYLLIS A WOODARD DB 9813 PG 1290 \JIUBLIC STORM GRAPHIC SCALE 0 15 30 60 1 Inch = 30 ft. PLAN INFORMATION PROJECT NO. CPR-19100 FILENAME CPR19100-El CHECKED BY JPM DRAWN BY JMS SCALE 1"=30' DATE 10,04.2022 ZONE 1 UTILITY ZONE 2 GRADING CROSSING BUFFER IMPACT BUFFER IMPACT ZONE 2 UTILITY CROSSING BUFFER IMPACT 50' NEUSE RIVER RIPARIAN BUFFER (MEASURED 50' FROM TOP OF BANK) v V �� 9E 2 GRAA �G FER IMP U ' AREA=56 SF Q _ '3y0' CITY OF \ LU ' — — — RALEIGH SANITAR1' cr— SEWER EASEMENT\ 1 U �MI� OP- VRBANCE1\�V A A A �I — ssM \so 1 \ \TRAP RQ T-O\FENCE \ \ \ \ \ \ \` RALEIGH SANITARY \ \ \ \ \ \ \ \ \ \ — _SEWER EASEMENT-- \ \\ \ \ \ \ \ \ \ \ IMPACT AREA "D" I&Ir-11I ZONE 1 BUFFER IMPACT AREA = 2,002 SF (0.05 AC) ZONE 2 BUFFER IMPACT AREA = 1,316 SF (0.03 AC) N GRAPHIC SCALE 0 15 30 60 NC GRID (NAD83) 1 inch = 30 ft. Th, Jlllna.MlAaam Conaanv,ln=. PLAN INFORMATION osMe,dlnnPn 13 on.nam, Ivc nn3 WALLBROOK PROJECT NO. CPR-19100 FILENAME CPR19100-El phone 919.361.5000 ENVIRONMENTAL IMPACT MAPS CHECKED BY JPM rau 919. 161. 2111 S. MAIN STREET DRAWN BY JMS license number: C-0293, C-18) SCALE 1.,30. WADAMS... menanmseo enm ROLESVILLE, NORTH CAROLINA DATE 10,04.2022 / Lu UlG WALL �� \m ! \ NC GRID (NAD83) (DESIGDESIGNEDNBY OTHERS) TYPE 5 \ � OD 30'Lx17'Wx18'TH CLASS B RIPRAP —� u;T 5'x5' CONC$ET1= BOX CULVERT 1 /// --- — `—_ --_ — � GRAPHIC SCALE 0 20 40 80 1 inch = 40 ft. 390 380 370 365 CROSS SECTION - AREA A CE 01 WALL CREEK DR FINISHED GRADE (2:1 SLOPE) . . AREA OF 30'Lx17'Wx18"THK CLASS B RIPRAP i EXIST (CEO NG GRADE CREEK) — — — 5'x5' CONCRETE BOX CULVERT ate` ERMANE ERMANE MPACT (ISSIPATO T—NO T LOSS RIPZAP . LACED XISTING LUSH WITH STREAM BED . 10+00 11+00 390 380 370 365 12+30 12+50 PLAN INFORMATION PROJECT NO. CPR-19100 WALLBROOK FILENAME CPR19100-E2 ENVIRONMENTAL IMPACT MAPS CHECKED BY JPM S. MAIN STREET DRAWN BY JMS SCALE 1"=40'/1"=4' ROLESVILLE, NORTH CAROLINA DATE 10,04.2022 rhe,ohna.MlAaamsC—pin 11 . osMe,dlan9a713 o�.nam, Ivc nn3 phone 919.361.600� rau9i WADAMS... b—C-22e9 Ilcense number: C-0293, C-18) me a mseo enm �I y/ ✓ / ///� , \ \I \1r \ I���� / I iI �J NC GRID (NAD83) �0' CITY OF. \ J\ 111 PIER (T ,P.)) RALEIGH SASEWER RY yg, \ (DESIGN BY OTHERS) l l / SEWER EA]S ENT I• \ I ` / III 02 �/7� ly I.Il II N� 2O1 CITY pF �yLQ!IIG11 SANITARY \ \ I I I I II In��lco�l Rj EASEVENTl 12 SS �\ I 0 LI S WOVDAARD C� ? O/vvjl 350 340 330 325 I —12"(AERAL I $sMH�,o, 1 CROSSING), I I �) I I I I I GRAPHIC SCALE 0 20 40 80 1 inch = 40 ft. CROSS SECTION - AREA D SSMH-101, STA. 16+46.29, 0.00' SS H-102, STA. 14 84.63, .00' Rt =347.50 (4' CIA.)_ APPRO IMATE 1 8' OF / EXPOSED AERIAL PIPE (DESIGN BY OTH RS) SAF FENCE AERIAL CROSSING PER CIM OF I FINISHED RALEIGH DETAIL S 12 EXISTII G GRADE / GRAD APPROX 120 LF 20" S EEL CASING / PIPE (O 375" MIN. WALL ICKNESS) pT / . SAFETY FEN E / COVER / I36" o a M II Os � � N x O Z M O M cc: I APPROXIMATE 7.2' PER II II (DESIGN BY. OTHERS 13' FROM / z z �IPROXIMATE OTTOM OF PIPE TO CREEK BE / 25— EAR FL OD EL ATION=3 9.70 LINE EMBANKMENT WITH CLASS I I ./ APPROXIMATE 7. PIER RIP RAP OVER GEOTEXTIL \ I (DESIGN BY OTH RS) 45' MAX SPAN I LINE EMBANKME T WITH LASS I (CENTER SPAN ON STREAM) I RIP RAP OVER GEOTEXTIL CONCRETE PIER (SHALL BE BURIED \ CONCRETE PIER (S ALL BE DRIED 3' MIN PER DO R DETAILS) ( P.) 3' MIN PER COR DETAILS) ( P.) 14+00 15+00 o «, eR P o0 04 The JohnR Mc4dams Comp any, Inc. 29Meran idiParkway on1h Ncz1:13 phone 919. 361. 000 fax 919. Ill. 2111 license number: C-0293, C-187 MCADAMS wwwmeadam=eeenm 16+00 WALLBROOK ENVIRONMENTAL IMPACT MAPS S. MAIN STREET ROLESVILLE, NORTH CAROLINA 350 340 330 325 17+00 PLAN INFORMATION PROJECT NO. CPR-19100 FILENAME CPR19100-E2 CHECKED BY JPM DRAWN BY JMS SCALE 1"=40'/1"=4' DATE 10,04.2022 Bob Zarzecki From: Ellis, John <john_ellis@fws.gov> Sent: Thursday, August 25, 2022 4:40 PM To: Bob Zarzecki; Mann, Leigh Cc: Mason Montgomery Subject: Re: [EXTERNAL] RE: Wallbrook Residential T&E Report The Service concurs with the determinations for this project as proposed. John From: Bob Zarzecki <bzarzecki@sandec.com> Sent: Thursday, August 25, 2022 3:03 PM To: Raleigh, FW4 <raleigh@fws.gov>; Ellis, John <john_ellis@fws.gov> Cc: Mason Montgomery <mmontgomery@sandec.com> Subject: [EXTERNAL] RE: Wallbrook Residential T&E Report This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Darn. Juggling too much in the air apparently and deleted Mason's email from my email below instead of the Raleigh FW4 emaile Oh well. John — Please let the office know that this one has been in since June 23rd per attached email. BOB ZARZECKI Wetlands Department Manager/Vice-President/Principal Soil & Environmental Consultants, PA From: Bob Zarzecki Sent: Thursday, August 25, 2022 2:56 PM To: Raleigh, FW4 <raleigh@fws.gov> Subject: RE: Wallbrook Residential T&E Report Can you follow up on this one? BOB ZARZECKI Wetlands Department Manager/Vice-President/Principal Soil & Environmental Consultants, PA From: Mason Montgomery Sent: Thursday, June 23, 2022 3:21 PM To: Raleigh, FW4 <raleigh@fws.gov> Cc: Bob Zarzecki <bzarzecki@sandec.com> Subject: Wallbrook Residential T&E Report Hello, Attached is the threatened and endangered species report for the Wallbrook Residential site located in Wake County, NC. S&EC is submitting for concurrence. Please let me know if any additional information is needed to make the determinations. Thank you, Mason L. Montgomery Soil And Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road. Suite 104 Raleigh, NC 27615 Office (919) 846-5900 Direct (919) 746-7750 Mobile (704) 773 -2837 mmontgomerv@sandec.com Visit us at sandec.com This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying ofthis communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. APlease consider the environment before printing this email. Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846-5900 sandec.com To: U.S. Fish and Wildlife Service May 12, 2022 Raleigh Field Office S&EC Project No: 13382.W8 P.O. Box 33726 Raleigh, NC 27636-3726 Re: Online Project Review Request, Wallbrook Residential, Rolesville — Wake County, North Carolina We have reviewed the referenced project using the USFWS North Carolina Field Office's online project review process and have followed all guidance and instructions in completing the review. We completed our review May 12, 2022 and are submitting our project review package in accordance with the instructions for further review. Our proposed action consists of. A planned residential development that is proposing stream impacts. The location of the project and the action area are identified on the enclosed maps. Wallbrook Residential (35.9119019,-78.473954). The site is located off S Main Street and Hwy 401, Rolesville — Wake County, North Carolina. Construction will commence following the anticipated Section 404 & 401 Approvals and should be completed by the Nationwide Permit Expiration date of March 15, 2026. This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and per General Condition 18 of Nationwide Permit 29. The enclosed project review package provides the information about the species and critical habitat considered in our review. The species conclusions table included in the package identifies our determinations for the resources that may be affected by the project. For additional information, please contact Mason Montgomery at mmontgomery@sandec.com Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Enclosures: 1. Project Request Review Package 6. FWS Official Species List 2. S&EC T&E Species Report 7. NIP Report 3. Vicinity Maps 8. FWS Species Conclusion Table 4. S&EC Photo Report 9. FWS Self -Certification Letter 5. Overall Site Plan Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, suite 104, Raleigh, NC: 27615 • Phone: (919) 846-5900 •lax: (919) 846-9467 sandcc.com May 12, 2022 S&EC Project No.: 13382.W8 To: Wallbrook Landco, LLC Attn: Austin Williams 3 Keel St, Unit #2 Wrightsville Beach, NC 28480 Re: THREATENED & ENDANGERED SPECIES REPORT Wallbrook Residential (+/- 42.34 acres) S Main Street and Hwy 401, Rolesville, Wake County, NC Dear Mr. Williams: On May 9, 2022, Soil & Environmental Consultants, PA (S&EC) evaluated the Wallbrook Residential shown on the attached maps for potential endangered species. The property is located on S Main Street and Hwy 401 in Wake County, NC. Surface waters on -site flow into Harris Creek in the Neuse River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as C; NSW. We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or within one mile of the project area that could potentially be affected by the project. These FWS & NHP reports were updated as of the date of this report. The official species list is valid for 90 days. We conducted site assessments to identify potential suitable habitat and preliminary surveys for the individual species listed on the official species list. This included assessing the physical characteristics of the streams, identifying forest types, and looking for evidence of the listed species on -site. This survey did not include any detailed sampling or netting. The results of the search are discussed below. Wallbrook Residential - S&EC Threatened & Endangered Species Report Page 1 of 6 May 12, 2022 S&EC Project #13382.W8 RESULTS: The FWS official species list identified the following species for the Evaluation limits: • Red -cockaded Woodpecker (Picoides borealis) , Endangered • Neuse River Waterdog (Necturus lewisl) , Threatened • Carolina Madtom (Noturus furiosus) , Endangered • Atlantic Pigtoe (Fusconaia masons), Threatened • Dwarf Wedgemussel (Alasmidonta heterodon) , Endangered • Monarch Butterfly (Danaus plexippus) , Candidate • Michaux's Sumac (Rhus michauxil) , Endangered Of the species identified on the official species list, the NHP report did not identify any Federally threatened or endangered species within the project area or within one mile of the project area. Other State listed species were found within the project area as listed in the attached NHP report. The NHP report identified one natural area and three managed areas within the project area or within one mile of the project area. These are listed out in the attached NHP Report. RED -COCKADED WOODPECKER (Picoides borealis): S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual RCWs within the project area. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine forests) within the project area. Given the lack of species present, and no presence of suitable habitat we concluded that the project would have "No effect" on RCWs. NEUSE RIVER WATERDOG (Necturus lewisil: S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is typically medium to large streams and rivers with a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and Wallbrook Residential - S&EC Threatened & Endangered Species Report Page 2 of 6 May 12, 2022 S&EC Project #13382.W8 pools. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial streams on -site were +/A feet wide with medium baseflow and had a sandy substrate. Additionally, the other streams on -site did not have suitable habitat. Due to these observations, we have concluded that the project would have "No effect" on the Neuse River Waterdog. CAROLINA MADTOM (Noturus furiosus): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Carolina Madtom. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is also medium to large streams and rivers with a moderate gradient and large bed material. The Carolina Madtom also needs continuous year-round flow and cover for nesting habitat. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial streams on -site were +/A feet wide with medium baseflow and had a sandy substrate. Additionally, the other streams on -site did not have suitable habitat. Due to these observations, we have concluded that the project would have "No effect" on the Carolina Madtom. ATLANTIC PIGTOE (Fusconaia masoni): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate to high flowing water. While we did not specifically sample for the species, we also did Wallbrook Residential - S&EC Threatened & Endangered Species Report Page 3 of 6 May 12, 2022 S&EC Project #13382.W8 not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial streams on -site were +/A feet wide with medium baseflow and had a sandy substrate. Additionally, the other streams on -site did not have suitable habitat. Due to these observations, we have concluded that the project would have "No effect" on the Atlantic Pigtoe. DWARF WEDGEMUSSEL (Alasmidonta heterodon): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The Dwarf Wedgemussel has little to no preference for stream size, flow condition or bed material. Based on guidance from the USFWS staff, only 2nd order and larger perennial streams are considered suitable habitat. While we did not conduct detailed mussel surveys, no mussels (of any species) were observed during the preliminary suitable habitat survey. Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial streams on -site were +/A feet wide with medium baseflow and had a sandy substrate. Additionally, the other streams on -site did not have suitable habitat. Due to these observations, we have concluded that the project would have "No effect" on the Dwarf Wedgemussel. MONARCH BUTTERFLY (Danaus plexippus): The Monarch Butterfly is currently listed as a candidate species, and not yet listed or proposed for listing as threatened or endangered. Due to the current status of Monarch Butterfly, consultation with USFWS under section 7 of the Endangered Species Act is not required. USFWS typically recommends conserving pollinator habitat where practicable. MICHAUX'S SUMAC (Rhus michauxii S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited a known population of Michaux's sumac within Wake County prior to conducting our preliminary Wallbrook Residential - S&EC Threatened & Endangered Species Report Page 4 of 6 May 12, 2022 S&EC Project #13382.W8 surveys. We found no individual Michaux's Sumac species within the project area. The NHP report did not list any known elemental occurrence within the project area. We found suitable habitat within the project areas to include primarily disturbed open areas along roads. Given the lack of species present within the areas believed to be suitable habitat, we concluded that the project would have "No effect' on Michaux's sumac. BALD EAGLE (Haliaeetus leucocephalus): S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting sites within the project area. The NHP report did not identify any known nests on -site or within one mile of the site. Given the lack of species present, we have concluded that the project is " Unlikely to disturb nesting bald eagles ". We believe no Eagle Act Permit is required. NORTHERN LONG-EARED BAT (Myotis septentrionalis): S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long- eared Bats (NLEB's) within the project area. During our survey, we found no individual species. Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4 (d) Rule on the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific section 7 responsibilities." Due to the nature of the project being residential development, we concluded that the project would "May affect, but not likely to adversely affect" NLEB's. CONCLUSION: After completing the habitat assessments and preliminary surveys, S&EC completed the attached "Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). We strongly recommend requesting a concurrence letter from the FWS. Wallbrook Residential - S&EC Threatened & Endangered Species Report Page 5 of 6 May 12, 2022 S&EC Project #13382.W8 Sincerely, SOIL AND ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Attachments: 1. USGS Vicinity Map 2. Soil Survey Vicinity Map 3. Aerial Map 4. Photo Report 5. Overall Site Plan 6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by your proposed project. Official Species List. March 23, 2022. 7. NHP Report: March 23, 2022. 8. S&EC — FWS Species Conclusion Table. May 12, 2022. 9. S&EC — FWS Self -Certification Letter. May 12, 2022. References: -North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources, Raleigh, North Carolina. -US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field Office Online Project Reviews website. -U.S. Fish and Wildlife Service. 2021. Species status assessment report for the Atlantic Pigtoe (Fusconaia masons). Version 1.2. December 2021. Atlanta, GA. -U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia: U.S. Fish and Wildlife Service. 30pp. -U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis) Second Revision. Atlanta GA 316 pp. -U.S. Fish and Wildlife Service/ Southeast Region. 2021. Carolina Madtom. Species Profile. https://www.fws.gov/southeast/wildlife/fishes/Carolina-madtom/. - U.S. Fish and Wildlife Service/ Southeast Region. 2021. Neuse River Waterdog... Species Profile. https: //www.fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/ Wallbrook Residential - S&EC Threatened & Endangered Species Report Page 6 of 6 PO 07 0Guv601) 4 � ce 04- T d v LU ,Q w % �a 4 EV N!N 5G HAKE AVE � � o � d- �r , O` /7 A lop rn -, rn m p}1 0 0 B1JRG Rp W RQ��SVI�� o Project Number: USGS Map Map Title: N 13382.W8 0 1,000 2,000 Project Manager: I i i i I i i i I BZ Wallbrook Residential Feet Scale: 1 1000' Wake County, NC " = • Source: Soil & Environmental Consultants, Date: NC USGS PA 8412 F.1hd\cu R-&S.Rc 104.Iki&NC27615-Poac(919)M&5W-F.:(919) 05/12/2022 1 Rolesville Quadrangle �' °° P. } 0 LF Ll� >o- i k APB ;w L' ' CIS DuI3 PC - -.WIMr M -- - •'r [' Lw r_ u WpB2 1 0 Vk E Project Number: Map Title: N 13382.W8 0 500 1,000 Project Manager: SOII Survey/ Map I i i i I i i i I BZ Wallbrook Residential Feet Scale: 1500' Wake County, NC " = Soil & Etivironmental Consultants, PA Date: Source: Wake County ri l3 Falb d' lcuu &mS Suir IOi. A�ingh \C 17613 Phac� �9i91 SMr5900 Fu: [919] 8M.916 05/12/2022 Soil Survey Sheet 22 I � f Flill �9• � i I r / .11 SQ EC Job #: 13882.W8 May 12, 2022 Threatened and Endangered Species Photo Report for the Wallbrook Residential Property Photo 2: Perennial stream 1 - - ' . ': •.. � K� � ` 'ter.: _ti <a = - -' :z•�-7, r. ����__ 4 - r � .r .r •' a.r+l�,�!ry,+ fa!Y� � - Sri. •L ,a+ - VNIIOHV7 HIHON'311InS31M] p SNVId iVld A VNIAMU )Iooaaiivnn ¢ 3 ati se� � g aLL�oso� N �I (MM JllBfld OS) ��a��133N1S w United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2022-0023194 Project Name: Wallbrook Residential e x hSai k 4YYFJiYJft +cfln7i� i� March 23, 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 03/23/2022 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 https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 03/23/2022 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 03/23/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 03/23/2022 Project Summary Project Code: 2022-0023194 Event Code: None Project Name: Wallbrook Residential Project Type: Residential Construction Project Description: This project is located in Wake County, NC and is approximately 42 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.91156895,-78.4738373096192,14z Counties: Wake County, North Carolina 03/23/2022 3 Endangered Species Act Species There is a total of 7 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Amphibians NAME STATUS Endangered STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/528 03/23/2022 Clams NET A nRR Atlantic Pigtoe Fusconaia masoni There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 Insects N TAnaV Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 Flowering Plants TXT A nRR Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 4 STATUS Threatened Endangered STATUS Candidate STATUS Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 03/23/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! 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 Treat. 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. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because Jul 31 of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 King Rail Rallus elegans Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5 and Alaska. https:Hecos.fws.gov/ecp/species/8936 03/23/2022 BREEDING NAME SEASON Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. 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: 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. 03/23/2022 3 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 (1) 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. 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 Eagle —Non B C 11111116 !■■! !III Jill 116M ■1Vul�� �� - fill Jill 1111 11w King CC Ranigewide ++++ J""""""""F— (CON) Prairie Warbler BCC Rangewide ++—� —++— +--+ +'+' +++—Jill Jill— — — — — — — --+— ++-- —+++ (CON) Prothonotary ++-- —++— +--+ 111 """""' ---- ---- --+— ++-- —+++ Warbler BCC Rangewide (CON) W odpecker ed 1-4-1— —++' +'-1 1111 1'lI Jill Jill Jill III'--'—''-- —+++ BCC Rangewide (CON) Wood Thrush BCC Rangewide —++� +�—+ +„""• HIM ,"""' ---- --+— ++-- —+++ (CON) === MMM. 03/23/2022 4 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/migrator3Lbirds/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. 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 (BCQ 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 . 03/23/2022 5 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 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 Lorin. 03/23/2022 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. 03/23/2022 IPaC User Contact Information Agency: Soil & Environmental Consultants, PA Name: Mason Montgomery Address: 8412 Falls of Neuse Road Address Line 2: Suite 104 City: Raleigh State: NC Zip: 27615 Email mmontgomery@sandec.com Phone: 7047732837 Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 March 23, 2022 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Wallbrook Residential; 13882.W8 Dear Robert Zarzecki: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program 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: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. 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V N N C6 U_ O>ZZ U) o� Zz coO C) Q� �Q �� (B m= Z� U cu N Y cu O ^U W L O U N N > CV O N Q O CV O cV L N L_ U U N O � cn cB N � U O cu Q 0) O C: L Q c� C 0 �+ L D D O cn c cu O N cu cu E 0 E O i — cv C: N U U C6 cv Q N � O c) -a C6 � O N cn CY) N O � oO E � O U C: Q N H O CO United States Department of the Pro] ect Name FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date:05/12/2022 Self -Certification Letter Wallbrook Residential Dear Applicant: IN n.' a wn.nut-c gumv IVE Interior Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: ❑"no effect" determinations for proposed/listed species and/or ✓ proposed/designated critical habitat; and/or ✓❑ "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑✓ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleighgfws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package r' =LL, 5 r~ aft � I ' y ra z b -33R o, r-LL • P�ti = �yr�7, ems�e;� 107), Ck- _�`— Ci7 w `] d'A Q � 0 i; 5ur�.a,�� Q •�U � �, col % •A _ rL'-� Y F D � a js = S ro� L r�3fi� O U i a m f p LL re, ► M 4aa � D� C � � J U- N m w � � A�f�rr • i q �a�o -- 0/� - CL ayrn ` i gay/ uG on �gw Way :. a 7 U C.)0- N 00 M 0 O � � � � U W U) ❑raked C3L E L r Y 7 E_ m� i O7 j `inr C6"Qfua j a GO pp-ii Wnjauo O R ({ ds 9sr Saa) 7 �. 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