20221471 Ver 1_Cover Letter and Attachments_20240112

-0- WithersRavenel
.. Our People. Your Success.
January 11, 2024
US Army Corps of Engineers
Raleigh Regulatory Field Office
Ms. Rachel Capito
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
NC -Division of Water Resources
401 & Buffer Permitting Unit
Ms. Stephanie Goss
1617 Mail Service Center
Raleigh, NC 27699
Re: Flatiron Forest - NWP 29 & 401 PCN Submittal for Revised Impacts
Pittsboro, Chatham County
USACE AID #SAW-2022-01047
NCDWR #20221471v2
WR Project #02220132.00
Dear Ms. Capito and Ms. Goss,
WithersRavenel (WR) applied for 404 and 401 permits for the proposed project on 10/21/2022.
An NWP 29 (USACE ID SAW-2022-01047) and 401 WQC (DWR#20221471v1) dated
12/21/2022 and 12/19/2022 respectively were issued for the project.
After the original permits were issued, Chatham County required modifications to the design of
the road crossings during the Construction Drawings review and approval. Specifically, the
comments from the county resulted in a shift of the extent of the Copley Road culvert crossing
resulting in a revised vertical road profile. Additionally, DOT comments regarding headwall height
to extend the culverts to tie in correctly were required. This revision resulted in changes to the
impact footprints and an overall increase in stream impacts as well as changes to wetland impacts.
WR again applied to modify the 404 and 401 permits on 4/26/2023. Modified permits were issued
on 6/9/2023 and 6/2/2023 respectively. Previous approvals have been included as attachments.
Previously permitted impacts proposed a double culvert crossing at Copley Court. While WR's
calculations showed this design to be adequate, NCDOT suggested that the amount of flow
anticipated at the Copley Court crossing could result in a failure between the double culverts.
NCDOT's Hydraulic Unit reviewer and Assistant District Supervisor are now requiring an
aluminum box culvert at this crossing. Chatham County has also required the addition of Rip Rap
Toe Protection at the Copley Court Crossing. No additional impacts are proposed for the toe
protection. The required DOT changes from the previous submittal have resulted in an increase in
permanent stream impacts of 2 If (-4 If of permanent functional loss; +6 If of no functional loss).
Permanent wetland impacts have decreased slightly (+17 sf). The decrease in wetland impact
acreage is not large enough to be inputted on the PCN form. Therefore, we are submitting this
application for approval of the revised impacts under an NWP 29.
On behalf of RBV 1525, LLC, we are requesting authorization from the USACE to use NWP 29, as
well as requesting a 401 WQC from NC DWR for the revised impacts in the table below. Revisions
to the buffer impacts will be permitted through Chatham County as the designated local authority.
115 MacKenan Drive I Cary, NC 27511
t: 910.469.3340 1 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington

Flatiron Forest :: WikheFSRavenel
Pittsboro, Chatham Co.
NWP 29 PCN Submittal for Revised Impacts
❑urPeople.YaurSuaess.
Revised Proposed Impact Table
Feature
Type of Impact
Impact Area
LF
SF
AC
Stream
Permanent (Functional Loss)
74
-
0.004
Stream
Permanent (No Functional Loss)
32
-
0.002
Stream
Temporary
79
-
0.004
Stream Totals
185
-
0.01
Wetland
Permanent
-
4,293
0.099
Wetland
Temporary
-
1,545
0.035
Wetland Totals
-
5,838
0.134
The proposed total permanent impacts to jurisdictional waters are 0.105 acres and therefore the
project is eligible for authorization under an NWP 29:
Revised Proposed Permanent Impact Table
Type of Impact
Impact Area
LF
AC
Wetland - Permanent
-
0.099
Stream - Permanent (Functional Loss)
74
0.004
Stream - Permanent (No Functional Loss)
32
0.002
Total
106
0.105
The proposed project consists of the construction of a 29-lot single-family residential subdivision
and associated infrastructure (roads, sidewalks, open recreational space, utilities, stormwater
management, etc.).
The proposed Flatiron Forest subdivision consists of a ±42-acre site located on two parcels (Parcel
#s: 2037 & 2014) located at 678 Hamlets Chapel Road in Pittsboro, Chatham County (Lat:
35.796308°N;-79.129349°W).
The project is in the Cape Fear River basin (HUC: 03030002) and onsite waters drain to the Haw
River. The Water Quality Classification for the Haw River is: WS-IV;NSW,CA and the Stream Index
Number is: 16-(28.75).
Proposed Proiect
The purpose of the proposed project is to construct a single-family residential subdivision to meet
the existing and growing demand for residential housing in Chatham County.
The project consists of the following:
29 single family home lots
Construction of infrastructure (roads, greenways, open space, utilities, stormwater
management, etc.)
The proposed design for the internal roads will result in one stream crossing. Copley Court will
cross Stream 2 perpendicularly with a 10.5'x5.58' aluminum box culvert. Riprap dissipators will be
Page 2 of 6

Flatiron Forest :: WVithersRavenel
Pittsboro, Chatham Co.
NWP 29 PCN Submittal for Revised Impacts
Our People. YourSu��ess.
constructed below the culverts to dissipate flow velocity to prevent erosion and sedimentation of
the stream.
A second road, Flatiron Forest Drive will cross a narrow area of Wetland C with a culvert. A SCM
device is proposed at the other end of the proposed culvert.
Proiect History
WithersRavenel conducted a delineation of the wetlands and streams in March 2022 which were
field verified by the USACE and issued a Preliminary Jurisdictional Determination (SAW-2022-
01047) on July 6, 2022. The USACE PJD and Approved Delineation Exhibit have been provided
as attachments.
SHPO issued a review letter on April 27, 2022, which has been provided as an attachment. SHPO
had no comments on the project as proposed.
Buffer subjectivity was verified by Chatham County on June 2, 2022. Chatham County Watershed
Department issued a Buffer Determination Letter on June 8, 2022, which has been provided as an
attachment.
WithersRavenel completed a survey for federally listed species in March 2022 and determined
that the proposed project would have No Effect on federally listed species or their critical habitat.
The results of the survey were submitted to the USFWS for review. In an email dated 6/16/2022,
John Ellis with the USFWS stated that the Service concurred with our determinations, which were
No Effect. A copy of the USFWS concurrence email, as well as the USFWS Concurrence Request
has been provided as an attachment.
WR applied for 404 and 401 permits for the proposed project on 10/21/2022. An NWP 29 and
401 WQC dated 12/21/2022 and 12/19/2022 respectively were issued for the project.
WR applied to modify the 404 and 401 permits due to Chatham County requiring a shift of the
extent of the Copley Road culvert crossing resulting in a revised vertical road profile. Additionally,
DOT comments regarding headwall height to extend the culverts to tie in correctly were required.
On 4/26/2023 WR submitted for modifications to the existing 404 and 401 permits. Modified
permits were issued on 6/9/2023 and 6/2/2023 respectively.
Proposed Impacts
The proposed impacts consist of:
• 74 If (0.004 acres) of permanent functional loss stream impacts
• 32 If (0.002 acres) of permanent no functional loss stream impacts
• 79 If (0.002 acres) of temporary stream impacts
• 0.099 acres of permanent wetland impacts
• 0.035 acres of temporary wetland impacts
The required DOT changes from the previous submittal have resulted in an increase in permanent
stream impacts of 2 If (-4 If of permanent functional loss; +6 If of no functional loss). Permanent
wetland impacts have decreased slightly (+17 sf). The decrease in wetland impact acreage is not
large enough to be inputted on the PCN form. All proposed permanent stream impacts are
necessary for the installation of the Copley Court Road crossing over Stream 2 (intermittent). The
proposed Copley Court Road crossing is necessary to access the developable uplands in the
western portion of the site. Copley Court has been designed to cross Stream 2 perpendicularly
Page 3 of 6

Flatiron Forest :: WVithersRavenel
Pittsboro, Chatham Co.
NWP 29 PCN Submittal for Revised Impacts
❑urPeople.YourSu��ess.
using a 10.5'x5.58' aluminum box culvert. The culvert will be buried 12" below the stream bed. 74
linear feet of permanent stream impacts (Impact S2) with functional loss are proposed for the
crossing. Additionally, 0.079 acres of permanent wetland impacts (Impact W2) are proposed at
this crossing. The proposed crossing features DOT standard headwalls. A riprap dissipator will be
installed below the culverts to prevent erosion and sedimentation of downstream waters which
will result in 32 linear feet of permanent stream impacts with no functional loss (Impact S3). The
riprap will be installed by burying the riprap such that the top of the riprap matches the pre -
construction contours of the natural stream bed, allowing for the passage of aquatic life and
preventing a loss of function of this section of stream channel. Note that due to the change in
culvert design, the rip rap dissipator is slightly larger than previously permitted.
During construction of the culverted road crossing, work will be completed "in the dry" by
constructing temporary coffer dams upstream and downstream of the culverts within the impact
areas and pumping flow around the construction area. 79 linear feet of temporary stream impacts
(Impacts S1, S4a, S4b) and 0.034 acres of temporary wetland impacts (Impacts W1 & W3) are
proposed for construction of the crossing.
Permanent impacts to Wetland C of 0.020 acres are proposed for a crossing of the wetland to
construct Flatiron Forest Drive necessary to access developable uplands in the northern portion
of the site. A narrow portion of Wetland C (Impact W4) is proposed to be permanently impacted
by a culverted road crossing. No changes to the Flatiron Forest Drive crossing is being proposed.
The culvert under Flatiron Forest Drive is designed to convey water from Wetland C to SCM 1
(wet detention). Hydrologic connectivity between Wetlands C and B will be maintained through
this culvert and SCM 1. In a pre -application meeting with the USACE, on October 6, 2022, it was
determined that this was an acceptable way to maintain connectivity between Wetland C and
downstream waters since SCM 1 is a wet pond that will have regular discharge through the low
flow orifice. No impacts to Wetland C will occur from construction of SCM 1.
Upon completion of construction, all temporarily impacted streams will be restored to pre -
construction contours and the banks will be stabilized using a biodegradable matting and seeded
with a riparian seed mix. No matting will be placed on the stream beds. Additionally, all
temporarily impacted wetlands will be restored to natural grade and seeded with a wetland seed
mix to provide temporary stabilization until natural revegetation permanently stabilizes these
areas.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed delineation be conducted so that
impacts to wetlands and "waters" could be minimized.
Proposed permanent impacts for construction of the subdivision and infrastructure have been
minimized to only those necessary for construction of two road crossings to access developable
uplands within the site. There are no impacts proposed for construction lots, utilities, stormwater
management, or greenways. All road crossings have been designed to cross wetlands and stream
perpendicularly at the narrowest points to minimize impacts.
Impacts to Stream 2 are unavoidable because the only way to access developable uplands in the
western portion of the site is to cross the stream. It was deemed not feasible to choose an alternate
location for Copley Court to avoid wetland impacts as this would have required the road be
positioned at the northern end of the site near the cul-de-sac of Flatiron Forest Drive. While this
Page 4 of 6

Flatiron Forest :: WithersRavenel
Pittsboro, Chatham Co.
NWP 29 PCN Submittal for Revised Impacts
Our People. YourSu��ess.
location would have avoided wetland impacts, it is not a logical location and would have resulted
in the loss of lots thereby making the project unfeasible. A riprap dissipator will be constructed at
the Copley Court crossing such that the riprap will be installed by burying to match the pre -
construction contours of the natural stream bed, allowing for the passage of aquatic life, and
preventing a loss of function. DOT standard headwalls are proposed at the crossing to reduce fill
slope helping to minimize stream impacts.
Proposed permanent wetland impacts for the culverted crossing of Wetland C by Flatiron Forest
Drive were primarily driven by the placement of SCM 1 in a low area between Wetlands C and D
for the gravity driven stormwater drainage for the roadway. Hydrologic connectivity between
Wetland C and downstream waters will be maintained through the culvert and SCM 1.
Upon completion of construction, all temporarily impacted streams will be restored to pre -
construction conditions and grades, and temporarily stabilized with biodegradable matting and
seeded with a riparian seed mix. No matting will be placed on the stream bed.
Access during construction will occur within uplands. Additionally, sediment and erosion control
measures will be installed prior to construction.
Mitigation
Stream Mitigation
Previous approvals did not require stream mitigation. The current proposal will result in 0.004
acres (78 If) of permanent stream impacts with functional loss. Because the proposed total
permanent stream impacts with functional loss are below 0.02 acres, the applicant does not
propose compensatory mitigation for permanent stream impacts.
Wetland Mitigation
Previous approvals did not require wetland mitigation. The current proposal will result in 0.099
acres of permanent wetland impacts. Because the proposed total permanent wetland impacts are
below 0.1 acres, the applicant does not propose to provide compensatory mitigation for
permanent wetland impacts.
Stormwater Management Plan
The stormwater management plan consists of two constructed stormwater wetland SCMs which
provide a minimum of 30% nitrogen removal and therefore diffuse flow is not required. The
stormwater management plan will be reviewed and approved by Chatham County as the certified
local municipality.
Please feel free to contact me if you have questions or require additional information to complete
your review.
Sincerely,
WithersRavenel
/11/�
Rick Trone
Environmental Scientist
Page 5 of 6

Flatiron Forest
Pittsboro, Chatham Co.
NWP 29 PCN Submittal for Revised Impacts
::WithersRavenel
Our People. Your Success.
Attachments:
• PCN Form
• Agent Authorization Forms
• Aerial Exhibit
• USGS Quads
• Chatham County Soil Survey
• Parcel/Property Owner Info
• Approved Delineation Exhibit
• USACE Preliminary Jurisdictional Determination
• USACE NWP 29 (12/21/2022)
• NCDWR 401 WQC Excerpt (12/16/2022)
• USACE NWP 29 (6/9/2023)
• NCDWR 401 WQC Excerpt (6/2/2023)
• USFWS Concurrence Email & WR Concurrence Request
• USFWS IPaC Resource List (1/12/2024)
• NCNHP Project Report (1/12/2024)
• SHPO Comment Letter
• Chatham County Buffer Determination Letter
• Preliminary Site Plan
• Revised Impact Exhibits
Page 6 of 6

■■ WithersRavenel
lipOur People. Your Success.
AGENT
AUTHORIZATION
FORMS

DocuSign Envelope ID: 2ECEBAB1-OE31-4017-9DD7-375513E3D302
-0 WithersRavenel
NoOur People. Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned contract purchaser, RBV 1525, LLC (Client) does hereby appoint
WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate
local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC
Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for:
a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas
(wetlands, streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate
environmental permit applications/requests for ±42-acres of the ±91.39-acre parcel,
Chatham Co. PIN: 9764-00-14-6789, located directly north of 624 Hamlets Chapel Road,
in Pittsboro, NC.
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
Agent's Name, Address & Telephone:
WithersRavenel, Inc.
115 MacKenan Drive
Cary, NC 27511
Tel. [phone]
Date: 4/21/2022
Signature of Client:
Rex Vick Jr. Manager
(Name - Print) (Title)
D...Sig-d by:
77AFMBDDSfgnatu re)
3434 Kildaire Farm Rd. Ste 135
Mailing Address
Cary NC 27518
City State Zip
Phone: [phone]
Email: [e-mail]
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington

DocuSign Envelope ID: CA6DB819-4108-4504-844A-BFD51496CB58
Our People. Your Success.
AUTHORIZATION FOR PROPERTY ACCESS
The undersigned owner(s), Margaret Browning, do(es) hereby authorize WithersRavenel, Inc. to access ±42-
acres of the ±91.39-acre parcel, Chatham Co. PIN: 9764-00-14-6789, located directly north of 624
Hamlets Chapel Road, in Pittsboro, NC for the purpose of environmental regulatory agency review (US
Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, US Fish and
Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, stream/buffer
determination, environmental permitting, etc.) at the request of the contract purchaser.
This authorization does not bind the current property owner(s) to financial responsibility for services
rendered on the subject property by WithersRavenel, Inc.
This agreement shall continue in effect until completion/termination of the purchase contract for the subject
property.
Contract Purchaser's Agent Info:
WithersRavenel, Inc.
115 MacKenan Drive
Cary, NC 27511
Tel. [phone]
Date: 4/21/2022
Signature of Owner(s):
Name - Print Title
DocuSigned by:
s&i �sD
Mailing Address
City State Zip
Phone:
Emai
115 MacKenan Drive I Cary, NC 27511
t 919.469.3340 1 f: 919.467,6008 1 ww\&,.withersr.avrnc-Lconi I License No, F-1479
Asheville I Cary I Charlotte I Greenshoro I Luniherton I Pittsboro ; Raleigh; Southern Pines I Wilmington

DocuSign Envelope ID: CA6DB819-4108-4504-844A-BFD51496CB58
WithersRavenr,!,
Our People. Your Success.
AUTHORIZATION FOR PROPERTY ACCESS
The undersigned owner(s), Chatham Land & Timber Management LLC, do(es) hereby authorize
WithersRavenel, Inc. to access ±42-acres of the ±91.39-acre parcel, Chatham Co. PIN: 9764-00-14-6789,
located directly north of 624 Hamlets Chapel Road, in Pittsboro, NC for the purpose of environmental
regulatory agency review (US Army Corps of Engineers, NC Division of Water Quality, NC Division of
Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland
delineation, stream/buffer determination, environmental permitting, etc.) at the request of the contract
purchaser.
This authorization does not bind the current property owner(s) to financial responsibility for services
rendered on the subject property by WithersRavenel, Inc.
This agreement shall continue in effect until completion/termination of the purchase contract for the subject
property.
Contract Purchaser's Agent Info:
WithersRavenel, Inc.
115 MacKenan Drive
Cary, NC 27511
Tel. [phone]
4/21/2022
Date:
Signature of Owner(s):
Name - Print Title
D''olcu,,S'i^gned b�Qy�:, ,,1 • .'_
Kt
8&gratt"*66
Mailing Address
City State Zip
Phone:
Email:

::WithersRavenel
Our People. Your Success.
AERIAL EXHIBIT

::WithersRavenel
Our People. Your Success.
USGS QUADS

U. GRAPHIC SCALE
0 1000 2000
Ss4
1 1 inch = 2111 ft.
Briar Chapel'
07
5� 4"
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s
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FOSTE
STONEWALL RD - -
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MOUNTAIN LH
PROJECT LOCATION
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FLATIRON FOREST
USGS QUAD (2019) - BYNUM
WithersRavenel
Engineers Planners Surveyors
PITTSBORO CHATHAM COUNTY NORTH CAROLINA 1 lip

r"f ��•' Fes_ .� i f GRAPHIC SCALE
�• 0 200 400
f+i
S f S
f" i j rr 1 inch = 400 ft.
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' + 4 PROJECT BOUNDARY
FLATIRON FOREST USGS QUAD (2019) - BYNUM WithersRavenet
1/
PITTSBORO CHATHAM COUNTY NORTH CAROHl1. I
Engineers I Planners I Surveyors

::WithersRavenel
Our People. Your Success.
CHATHAM COUNTY SOIL SURVEY

P
IFRL ri-
�� �• GRAPHIC SCALE
0 200 400
1 inch = 400 ft.
s
HoO'
PROJECT BOUNDARY
FLATIRON FOREST I I CHATHAM CO. H OI SURVEY (2006) I I 1! WithersRavenet
Engineers I Planners I Surveyors III
PITTSBORO CHATHAM COUNTY NORTH CAROLINA

::WithersRavenel
Our People. Your Success.
PARCEL/OWNER EXHIBIT

GRAPHIC SCALE
0 150 300
1 inch = 300 R.
N c
C
N "
r
rO —
an
N6
L
PROJECT BOUNDARY 3:
±42-ACRES 3 w
AFAF
CHATHAM CO PARCEL 02037
CHATHAM LAND & TIMBER MGMT LLC
& MARGARET BROWNING
981 OLD GRAHAM ROAD
PITTSBORO, NC 27312 C°
±91.39 ACRES X
X
BOOK: 0735; PAGE: 0341
w
Z
O
Lu
0-
O
/ z
0
0
z
CHATHAM CO PARCEL *2014
CHATHAM LAND & TIMBER MGMT LLC &
MARGARET BROWNING
981 OLD GRAHAM ROAD
PITTSBORO, NC 27312
±0.69 ACRES
BOOK: 0942; PAGE: 0697
Oz
w o
z�
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■■ WithersRavenel
lipOur People. Your Success.
APPROVED DELINEATION EXHIBIT

GRAPHIC SCALE
1 inch - 200 k.ro
REVIEW AREA _ / WETLAND F \�
SUBJECTTO B UFFERSWETLA
\ a
am
AFM
SUBJECT TO BUFFERS ✓ �— —J \ 50' CHATHAM CO. ` \
RIPARIAN BUFFER V�A
WETLAND
SUBJECTOTBUFFERS \ \ \ \\
J,T/A\ X
N1ERMITENT
STREAM 2 �.�� ���1v � J LLJ
�
SUBJECT
LLJ
SUBJECT TO BUFFERS J ( \ 1 m
100' CHATHAM CO.
/r- RIPARIAN BUFFER
w
LLJ
STREAM 1
EPHEMERAL
SUBJECT TO BUFFERS
o
CHATHAM
RIPARIAN BUFFER 1 1 I o
LLJ
10
\\
NOTES:
1) WETLAND/BUFFER DELINEATION PERFORMED BY WR ON 03/30/2022. I �1
2) WETLAND/STREAM/BUFFER LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION, CHATHAM COUNTY GIS \ \
DATA, AND TOPOGRAPHIC INTERPRETATION.
3) BUFFER SUBJECTIVITY BASED ON CHATHAM COUNTY WATERSHED PROTECTION ORDINANCE. BUFFER )) 1 1 B
SUBJECTIVITY WAS VERIFIED BY CHATHAM COUNTY ON 06/08/2022.
4) THIS PROPERTY MAY BE SUBJECT TO ADDITIONAL MUNICIPAL/ZONING BUFFERS WHICH SHOULD BE VERIFIED
PRIOR TO DESIGN. l `\
5) DELINEATION AND JURISDICTIONAL STATUS WAS VERIFIED BY USACE ON 07/06/2022 (SAW-2022-01047).

::WithersRavenel
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USACE PRELIMINARY JURISDICTIONAL
DETERMINATION

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01047 County: Chatham U.S.G.S. Quad: NC -Bynum
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: WithersRavenel
Alvssa Ricci
Address: 115 Mackenen Drive
Carv, NC 27511
Telephone Number: 919-215-8619
E-mail: aricci(dwithersravenel.com
Size (acres) 42 Nearest Town Pittsboro
Nearest Waterway Haw River River Basin Cape Fear
USGS HUC 03030002 Coordinates Latitude: 35.7936
Longitude:-79.1293
Location description: The proiect site is approximately 42 acres located adiacent to Hamlets Chapel Road, near the town of
Pittsboro, Chatham Countv, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 5/5/2022. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U. S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the 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 over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property 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, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once

SAW-2022-01047
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, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
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/property 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 [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact James Lastinger at 919-554-4884 ext 32 or
James.C.Lastinger(dusace. armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 07/06/2022.
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 (This information applies only to approved jurisdictional determinations as indicated in 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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHIL,IP.A. SHANNIN(&USACE.ARMY.MIL,
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Divisio Office if you do not object to the determination in this correspondence. **
Corps Regulatory Official:�`'�
Date of JD: 07/06/2022 Expiration Date of JD: Not applicable

SAW-2022-01047
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
https://regulatory.ops.usace.anny.mil/customer-service-survey/.
Copy Furnished:

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 07/06/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: WithersRavenel, Alyssa Ricci, 115
Mackenen Drive, Cary, NC 27511
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Hamlets Chapel Road site,
SAW-2022-01047
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 42
acres located adjacent to Hamlets Chapel Road, near the town of Pittsboro, Chatham County, North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Chatham City: Pittsboro
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.7936 Longitude:-79.1293
Universal Transverse Mercator:
Name of nearest waterbody: Haw River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
© Office (Desk) Determination. Date: July 6, 2022
El Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site
Number
Latitude (decimal
degrees)
Longitude
(decilual degrees)
Estimated amount of
aquatic resources m
review area (acreage
and linear feel, if
applicable
Type of aquatic
resources (i_e_,
w etiand vs_ non-
Iv etland Waters)
Geographic authority to
which the aquatic resource
"may be" Subject (i e
Section 404 or Section
101404)
WeflandA
35.793147507"N
-79.1-807361'W
0.20acres
Wetkind
Section 4D4
Welland B
35.7958707311-N
-79.1297654041V4'
0.76 acres
Wetland
Section 4D4
'Wffflaad C
35.797270D04�N
-79.128303468°W
0.55 acres
Wetland
Section 404
Wetland D
35.797774196aN
-79.130561971°W
fl_ 10 acres
Wetland
Section 404
Wetland E
35.797982855'N
-79.130564614'W
0 016 acres
Wetland
Section 4D4
Wetland F
35.799439322�N
-79.127139397WV
0_025 acres
Wetland
Section 4D4
Stream 1
35.795137418'N
-79.129995526°W
106 if
Non -wetland
Section 404
Stream
35.796631142aN
-79.130002338°W
1.505lf
Non -wetland
Section 404
Stream 3 35.7976849514N-79.130820797- 88 1f Non -wetland Section 404

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved 7D (AID) for that review area based on an informed decision after
having discussed the various types of 7Ds 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 AID 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 AID before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AID 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 AID constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or
a PJD, the 7D will be processed as soon as practicable. Further, an AID, 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 AID 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 subj ect review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
❑X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: attached dated 5/5/2022
❑X Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the
❑Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
❑X USGS NHD data:
❑USGS 8 and 12 digit HUC maps:
© U.S. Geological Survey map(s). Cite scale & quad name: Bynum Quad
®Natural Resources Conservation Service Soil Survey. Citation: Chatham county. 2006, sheet 4
❑X National wetlands inventory map(s). Cite name: USFWS NWI
❑ State/local wetland inventory map(s):
® FEMAIFIRM maps: NC FIRM
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑X Photographs: © Aerial (Name & Date): NC One map 2021
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.
t'Signature and date of Regulatory
staff member completing PJD
07/06/2022
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

GRAPHIC SCALE
I inch 200 It
\
aj
REVIEW AREA ✓ J WETLAND F
POTENTIAL WETLAND
WATERS OF
AFAF
-� WETLAND
POTENTIAL WETLAND
�\ �\ WATERS OF THE US WETLAND D
POTENTIAL WETLAND
WATERS OF THE US
WETLAND C
STREAM 3 \\ \ \\�N \\I \ POTENTIAL WETLAND
�\ \ INTEINTERMITTENT\ ` `l WATERS OF THE US
\ \\
POTENTIAL NON -WETLAND
OF THE US x
STREAM 2
PERENNIAL
POTENTIAL NON -WETLAND
/�� I WATERS OF THE US
WETLAND Lu
POTENTIAL WETLAND Lu
WATERS OF THE US
af
STREAM 1 l ��
EPHEMERAL
POTENTIAL NON -WETLAND
WATERS OF THE US
z
Ln
Lu
� / / Il
\� WETLAND A \ cc
I � � _1� (�POTENTIAL WETLAND
, ) I �_ — v o
� \� � WATERS OF THE US LL d
LL
If
NOTES: \\
1) WETLAND/BUFFER DELINEATION PERFORMED BY WR ON 03/30/2022.
2) WETLAND/STREAM LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION,
CHATHAM COUNTY GIS DATA, AND TOPOGRAPHIC INTERPRETATION.

■■ WithersRavenel
lipOur People. Your Success.
USACE NWP 29 (12/21/2022)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01047 County: Chatham U.S.G.S. Quad: NC -Bynum
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: RBV 1525, LLC.
Attn: Rex Vick, Jr.
Address: 3434 Kildaire Farm Road
Cary, North Carolina 27518
Telephone Number: 919.868.4924
E-mail: rvickOwindi amdevelop ment.com
Size (acres) —42 Nearest Town Fearrington
Nearest Waterway Haw River River Basin Cape Fear
USGS HUC 03030002 Coordinates Latitude: 35.7963
Longitude:-79.1293
Location description: The project area is located at 678 Hamlets Chapel Road in Pittsboro, Chatham County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.098 acre of
riparian, non-riverine wetlands and 89 linear feet (0.006 acre) of stream channel with 64 linear feet (0.004 ac) resulting in a
loss of waters of the US. The temporary discharge of fill material into 0.042 acre of wetlands and 25 linear feet (0.001 acre) is
also required. These impacts are necessary for the Flatiron Forest Subdivision development.
Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit 29 — Residential Development
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 10/21/2022, and the enclosed plans "Flatiron Forest — Impact Maps" dated
9/22/2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop
work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact April Norton at 919-441-3637or April.R.Norton(a)usace.army.mil.
Corps Regulatory Official: 1lie ����' Date: 12/21/2022
Expiration Date of Verification: 3/14/2026

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent:
WithersRavenel
Attn: Rick Trone
Address:
115 MacKenan Drive
Cary, North Carolina 27511
Telephone Number:
919.538.8184
E-mail:
rtrone( )withersravenel.com
Property Owner: Chatham Land & Timber LLC. & Margaret Browning
Attn: Richard Danek
Address: 981 Old Graham
Pittsboro, North Carolina 27312
Telephone Number: 919.868.4924
E-mail: rvick(&windiamdevelopment.com

Action ID Number: SAW-2022-01047 County: Chatham
Permittee: RBV 1525, LLC., Attn: Rex Vick, Jr.
Project Name: Flatiron Forest Subdivision
Date Verification Issued: 12/21/2022
Project Manager: April Norton
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: April Norton
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

■■ WithersRavenel
lipOur People. Your Success.
NCDWR WQC EXCERPT
(12/16/2022)

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
December 16, 2022
NORTH CAROLINA
Environmental Quality
DWR # 20221471
Chatham County
RBV 1525, LLC
Attn: Rex Vick, Jr.
3434 Kildaire Farm Road
Cary, NC 27518
(via email: rvick ,windjamdevelopment.com)
Subject: Approval of Individual 401 Water Quality Certification
Flatiron Forest Subdivision
USACE Action ID. No. SAW- 2022-01047
Dear Mr. Vick:
Attached hereto is a copy of Certification No. 5461 issued to Rex Vick, Jr. and RBV 1525, LLC,
dated December 16, 2022. This approval is for the purpose and design described in your application.
The plans and specifications for this project are incorporated by reference as part of this Water
Quality Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the
new owner must be given a copy of this Certification and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does
not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality
Certification shall not be interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality
Certification to possess any prescriptive or other right of priority with respect to any other consumptive
user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water
Quality Certification for the project and may also result in criminal and/or civil penalties.
D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH C of Envi A a 919.791.4200
Deparlmem of Envlronmenml Duali�

DocuSign Envelope ID: 95A45A4E-F8F2-45F8-AEB6-E549EAA214AE Flatiron Forest Subdivision
DWR# 20221471
Individual Certification #WQC005461
Page 2 of 14
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [I 5A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Zach Thomas at 919-791-4255 or zachary.thomas&ncdenr.gov if you have any
questions or concerns.
Sincerely,
ocuSigned by:
E�D
f.
2916E6A632144F...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Rick Trone, WithersRavenel (via email: rtronckwithersreavenel.com)
April Norton, USACE Raleigh Regulatory Field Office (via email)
Gabriela Garrison, NC Wildlife Resources Commission (via email)
DWR 401 & Buffer Permitting Branch Electronic file
NORTH CAROLINAD � lv
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

Flatiron Forest Subdivision
DWR# 20221471
Individual Certification #WQC005461
Page 3 of 14
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION 95461 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Rex Vick, Jr. and RBV 1525, LLC, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water Resources
(Division) on October 21, 2022, and payment received October 26, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements
and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL
95-217 if conducted in accordance with the application, the supporting documentation, and
conditions hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
404/401 Wetlands:
W1: Construction Access
0 (acres)
0.022 (acres)
W2: Road Crossing
0.075 acres
0 acres
W3: Construction Access
0 acres
0.020 acres
W4: Road Crossing
0.023 (acres)
0 (acres)
404/401 Streams:
S1: Construction Access — Dewaterin
0 (linear feet)
15 (linear feet)
S2: Road Crossing — Culvert
64 linear feet
0 linear feet
S3: Road Crossing — Ri Ra
25 (linear feet)
0 (linear feet)
S4: Construction Access — Dewaterin
0 (linear feet)
10 (linear feet)
This approval requires you to follow the conditions listed in the certification below:
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1) Erosion and Sediment Control:
Appropriate measures should be installed prior to any land clearing activities to protect wetlands, streams,
and/or buffers from turbidity and/ or sedimentation. These measures should be routinely inspected and
properly maintained, and excavated materials should be contained outside wetland, stream, and/or buffer
boundaries. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources
including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species.
Citation: 15A NCAC 02H.0506 (b)(1) and (2)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity, wildlife, secondary contact recreation, agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
NORTH CAROLMAD_ E Q f
Depenmmn of Enelmnmeetal Qeali
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

■■ WithersRavenel
lipOur People. Your Success.
USACE NWP 29 (6/9/2023)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01047 County: Chatham U.S.G.S. Quad: NC -Bynum
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
RBV 1525 LLC
Agent: Withers Ravenel
Rex Vick Jr
Rick Trone
3434 Kildaire Farm Road
115 MacKenan Drive
Cary, North Carolina 27518
Cary, North Caroli cvna 27511
Size (acres)
42
Nearest Town Fearrington
Nearest Waterway
Haw River
River Basin Cape Fear
USGS HUC
03030002
Coordinates Latitude: 35.796308
Longitude:-79.129349
Location description: Project is located north of the intersection of Hamlets Chapel Road and Parker Herndon Road in Bynum,
Chatham County, North Carolina. Property is forested with residential homes and forested property nearby.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.099 acre of
wetland and 104 linear feet of stream for the construction of a residential subdivision and associated infrastructure such as
access roads, sidewalks, utilities and stormwater management features. An additional 0.033 acre of wetland and 68 linear feet
of stream will be temporarily impacted during construction.
Applicable Law(s): ❑X Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: 29
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 4/26/2023, and the enclosed plans Overall Stream & Wetland Impact Maps B-D,
dated 4/19/2023. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to
a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Rachel Capito at 919-4401823or Rachel.A.CapitoOusace.army.mil.
Corps Regulatory Official: Date: 6/7/2023
Expiration Date of Verification: 3/14/2026

Action ID Number: SAW-2022-01047 County: Chatham
Permittee: RBV 1525 LLC, Rex Vick Jr
Project Name: Flatiron Forest
Date Verification Issued: 6/7/2023
Project Manager: Rachel Capito
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Rachel Capito
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

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NCDWR 401 WQC
EXCERPT (6/2/2023)

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Rex Vick, Jr.
RBV 1252, LLC
3434 Kildaire Farm Road, Suite 135
Cary, NC 27518
rvickg,windj amdevelopment. com
NORTH CAROLINA
Environmental Quality
June 2, 2023
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the impacts regarding the development of Flatiron Forest
Subdivision located at 678 Hamlets Chapel Road, Pittsboro, Chatham County, NC.
NCDWR Project No. 20221471.V2
Dear Mr. Vick,
Attached hereto is a copy of Certification No. 005920 issued to the RBV 1252, LLC dated June 2"d, 2023.
If we can be of further assistance, do not hesitate to contact us.
LnWI(iilned by:
i 3R h; Jr. Director
Division of Water Resources
Electronic copy only distribution:
Rick Trone, Withers Ravenel
Rachel Capito, US Army Corps of Engineers, Raleigh Field Office
Gabriela Garrison, NC Wildlife Resources Commission
DWR 401 & Buffer Permitting Branch File, LF

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS.
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-
217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations in 15
NCAC 2H .0500 and 15A NCAC 02B .0267. This certification authorizes the RBV 1252, LLC, to impact 172 linear
feet of jurisdictional streams and 0.132 aces of jurisdictional wetlands in Chatham County. The project shall be
constructed pursuant to the resubmittal application received April 26, 2023. The authorized impacts are as described
below:
Stream Impacts in the Cape Fear River Basin
Perm. Fill in
Temp. Fill in
Total Stream
Stream Impacts
Site
Perennial
Perennial
Impact
p
Requiring
Stream
Stream
(linear ft)
Mitigation
(linear ft)
(linear ft)
(linear ft)
S1- Construction Access-
41
41
Dewatering
S2- Road Crossing - Culvert
78
78
S3- Road Crossing- Rap -Rap
26
26
S4- Construction Access-
27
27
Dewatering
Totals
104
68
172
Total Stream Impacts: 172 linear feet.
Wetland Impacts in the Cape Fear River Basin
Permanent
Temporary
Total Wetland
Impacts
Site
Fill (ac)
Fill (ac)
Impact (ac)
Requiring
Mitigation (ac)
Wl- Construction Access
0.032
0.032
W2- Road Crossing and Grading
0.079
0.079
W3- Construction Access
0.001
0.001
W4- Road Crossing and Grading
0.020
0.020
Totals
0.099
0.033
0.132
Total Wetland Impacts: 0.132 acres
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA -
DepartneMoienmronmemai0u'N /� 919.707.9000

NO WithersRavenel
lip
Our People. Your Success.
USFWS CONCURRENCE EMAIL &
WR CONCURRENCE REQUEST

From: Ellis, John
To: Ricci. Alvssa; Mann. Leigh
Subject: Fw: DUE DATE: DUNE 16, 2022 Fw: [EXTERNAL] Flatiron Forest Subdivision - Pittsboro, Chatham County -
Threatened & Endangered Species Assessment Concurrence Request
Date: Thursday, August 4, 2022 1:48:04 PM
Attachments: USFWS Concurrence Request- Flatiron Forest Subdivision 5.18.2022.odf
The Service concurs with your determinations.
John
From: Mann, Leigh <[e-mail]>
Sent: Wednesday, May 18, 2022 1:26 PM
To: Ellis, John <[e-mail]>
Subject: DUE DATE: JUNE 16, 2022 Fw: [EXTERNAL] Flatiron Forest Subdivision - Pittsboro, Chatham
County - Threatened & Endangered Species Assessment Concurrence Request
Leigh Mann
Office Automation
USFWS Raleigh ES FO
551-F Pylon Drive
Raleigh, NC 27606
Office: 1-919-856-4520 ext. 10
Fax: [phone]
leiahh mann _fws.gov
NOTE: This email correspondence and any attachments to and from this sender is subject to the Freedom
of Information Act (FOIA) and may be disclosed to third parties.
From: Ricci, Alyssa <[e-mail]>
Sent: Wednesday, May 18, 2022 12:51 PM
To: Mann, Leigh <[e-mail]>
Subject: [EXTERNAL] Flatiron Forest Subdivision - Pittsboro, Chatham County - Threatened &
Endangered Species Assessment Concurrence Request
This email has been received from outside of DOI - Use caution before clicking on
links, opening attachments, or responding.

Ms. Mann,
Attached is the report documenting our findings for the survey conducted for federally listed
threatened and endangered species for the Flatiron Forest Subdivision in Pittsboro, Chatham
Cou nty.
We are requesting USFWS concurrence with our findings.
Please let me know if you have questions, and thank you in advance for your assistance with this
project.
Alyssa Ricci
115 MacKenan Drive Cary, NC ''7511
Office: 919.469.3340 Direct 919.535.5151
arica(Dwithersravenel.com
CONEIDENTIAUTY AND NONDISCLOSURE

40 WithersRavenel
40 Our People. Your Success.
May 18, 2022
Mr. Pete Benjamin
US Fish & Wildlife Service
551F Pylon Drive
Raleigh, NC 27606
Re: Flatiron Forest Subdivision
Pittsboro, Chatham County
Threatened & Endangered Species Assessment Report - Request for Concurrence
WR Project #02220132.00
Mr. Benjamin,
WithersRavenel (WR) has conducted a site review of the Flatiron Forest Subdivision review area
for the purpose of evaluating the presence of federally listed threatened and endangered species
and/or potential habitat within the review area. The review area is 42.69 acres and consists of all
of the one parcel (Chatham Co Parcel ID: 2014, 0.69 acres), and the 42-acre portion of the larger
parcel (Chatham Co Parcel ID: 2037, 92 acres) located east of Hamlets Chapel Road in Pittsboro,
Chatham County, North Carolina (Lat: 35.795104°N; Long:-79.128811°W).
The review area is located within the Cape Fear River Basin (HUC 03030002) and drains to the
Haw River. The NC Stream Index for the Haw River is 16-(28.75) and the Water Quality
Classification is WS-IV; NSW, CA.
WR surveyed the review area for the presence of federally listed threatened and endangered
species, or their potential habitat, protected under the Endangered Species Act (ESA). This report
summarizes the findings of the survey.
Proposed Activities
The review area is being assessed to determine the viability of the site for the future
development of a residential neighborhood.
Site Conditions
The review area consists entirely of undeveloped woodlands and contains three streams and
small wetland complex. The onsite woodlands were characterized as pine plantation forest.
Based on a review of historical aerial imagery the property was logged/clearcut around 1985 and
reforested with rows of planted pine trees between 1999-2005. Since 2005, the pine forest has
been managed for silviculture, including periodic thinning of the pines. The vegetative
community within the review area has been classified as pine plantation forest which has a dense
canopy dominated by loblolly pine (Pinus toeda) and the understory sparsely vegetated with
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington

::WithersRavenel
Our People. Your Success.
American holly (Ilex opoca), Chinese privet (Ligustrum sinese) and Japanese stiltgrass (Microstegium
vimineum).
Threatened & Endangered Species Review
Methodology
WR reviewed the US Fish and Wildlife Service's online threatened and endangered species
database, located at: http://www.fws.gov/raleigh/species/cntylist/nc_counties.htmi and the NC
Wildlife Resource Commission's "State and Federally Listed Endangered Wildlife Species of
North Carolina" publication, located at www.ncwildlife.org, to identify federally listed threatened
and endangered species known to occur in Chatham County, North Carolina.
WR summitted a request on 03/10/2022 for the official species list generated using USFWS'
Information for Planning and Consultation (IPaQ, located at https://ecos.fws.gov/ipac/. This
species list identifies threatened, endangered, proposed and candidate species, as well as
proposed and designated critical habitat, that may occur within the boundary of the project and
may be affected by the project. The IPaC list specified that there are six species (Red -cockaded
Woodpecker, Cape Fear Shiner, and Harperella) that may be within the project area or affected
by the project. The IPaC list has been provided as an attachment.
WR submitted a project review request to the NCNHP through their Data Explorer webpage,
located at: https://ncnhde.natureserve.org/, to identify known occurrences of federally listed
threatened or endangered species within 1.0 mile of the review area. The NCNHP project review
did not identify any known occurrences of federally listed species within the review area or
within 1.0 miles, as documented in the attached letter from NCNHP dated 03/10/2022.
On 03/30/2022, WR conducted a pedestrian survey to assess vegetative communities and
identify potential habitat for, or occurrences of federally listed species within or immediately
adjacent to the review area. The review area contained one vegetative community (pine
plantation forest) as discussed in the Site Conditions section of this report.
Species SvnODSIs and Preliminary Assessment Results
Plants and animals classified as Endangered (E) or Threatened (T) by the USFWS are protected
under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as
amended. Plants and animals classified as Proposed (P) are currently proposed for official
designation of a protected species under the Endangered Species Act. The following table
presents federally listed species on the IPaC list dated 03/10/2022.
Page 2 of 6

::WithersRavenel
Our People. Your Success.
Common Name
Scientific Name
Federal
Habitat
Biological Determination
Status
Present
Federally Listed Species by USFWS for Chatham County
Bald Eagle
Haliaeetus leucocephalus
BGEPA*
No
No Effect
Red -Cockaded
Picoides borealis
E
No
No Effect
Woodpecker
Cape Fear Shiner
Notropis mekistocholas
E
No
No Effect
Harperella
Ptilimnium nodosum
T
No
No Effect
*BGEPA - Bald and Golden Eagle Protection Act
Bald Eagle (BGEPA)
Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open
water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of
open water. WR reviewed the NC Natural Heritage Program GIS data to determine the location
of the known bald eagle nest sites and their distance from the review area. Based on the NCNHP
GIS data, there are no known occurrences of bald eagle nesting/roosting sites within 1.0 mile of
the review area. According to the 2022 NCNHP data, the nearest known bald eagle nest (EOID:
15747) is ±3.87 miles east of the review area. The US Fish and Wildlife Services' "National Bald
Eagle Management Guidelines" (May 2007), specifies that activities taking place in excess of 660'
from a Bald eagle nest will have no effect on the nesting activities.
During the pedestrian surveys, no bald eagles or their nests were observed within or adjacent to
the review area. Additionally, no bald eagles were observed in flight. The review area did not
contain large dominant trees with unobstructed access that could be used for nesting sites.
Furthermore, there is no potential foraging habitat within 2.0 miles and therefore a survey of the
areas within 660' of the review areas was not required.
Based on a lack of suitable nesting habitat, and lack of nearby records, WR concludes that the
project will have No Effect on bald eagles.
Biological Determination - No Effect
Red -Cockaded Woodpecker (E)
The red -cockaded woodpecker (RCW) occurs in extensive tracts of open stands of mature pines,
particularly longleaf pine (Pinus palustris), for foraging and nesting/roosting habitat, typically 70
to 100 acres or more. The red -cockaded woodpecker is rarely found in deciduous or mixed pine -
hardwoods. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60
years or older, which are contiguous with pine stands at least 30 years of age to provide foraging
habitat. Optimal habitat is characterized as a broad savanna with a scattered overstory of large
pines and a dense groundcover containing a diversity of grass, forbs, and shrub species. Midstory
vegetation is sparse or absent. Frequent fires maintain the quality of the RCW's habitat. The
Page 3 of 6

::WithersRavenel
Our People. Your Success.
foraging range of the RCW is normally no more than 0.5 miles. The review of the NCNHP GIS
data did not identify any known occurrences of RCW within 1.0 miles of the review area.
The onsite pine plantation forest is approximately 17-23 years of age based on historic aerials,
making them much too young to be considered potential RCW nesting habitat. The pedestrian
survey confirmed that there are no large, contiguous stands of mature pine dominated forest
that could be potential RCW nesting habitat. A review of aerial photography determined that
there are no large areas of mature pine forest within 0.5 mile of the review area sufficient to be
considered suitable RCW nesting habitat. Therefore, the review area was not considered
potential RCW foraging habitat.
Based on a lack of potential habitat, and lack of nearby records, WR concludes that the proposed
project will have No Effect on RCW.
Biological Determination - No Effect
Cape Fear Shiner (E)
The Cape Fear shiner is a small (approximately 2" long), yellowish minnow with a black band
along the sides of its body. The Cape Fear shiner is generally associated with gravel, cobble and
boulder substrates and is endemic to the upper Cape Fear River Basin in the Central Piedmont of
North Carolina. The species is known to occur in tributaries and mainstreams of the Deep River,
Haw River, Rocky River and Cape Fear River in Chatham, Harnett, Lee, Moore and Randolph
Counties.
The USFWS identifies the Critical Habitat Designation for the Cape Fear Shiner as being ±4.1
miles of the Rocky River from NC Hwy 902 bridge downstream to Chatham County Road 1010
Bridge, and ±0.5 river miles of Bear Creek, from Chatham County Road 2156 Bridge downstream
to the Rocky River, then downstream in the Rocky River (±4.2 river miles) to the Deep River, the
downstream in the Deep River (±2.6 river miles) to a point 0.3 river miles below the Moncure,
NC, USGS Geological Survey Gauging Station. The USFWS designated critical area is located
approximately 18.5 miles from the project, within an adjacent tributary. Constituent elements
include clean streams with gravel, cobble and boulder substrates with pools, riffles, shallow runs
and slack water areas with large outcrops and side channels and pools with water of good quality
with relatively low silt loads (USFWS, Federal Register reference 9/25/87, Federal Register, 2:
36034-36039).
The proposed project is outside of the designated critical area for the Cape Fear shiner. The
ephemeral and intermittent streams located in the review area were not considered potential
habitat due to the lack of water in these streams during portions of the year. The perennial
stream within the review area was small and shallow only having a depth of water approximately
2-4". This perennial stream contained sandy beds and did not contain significant gravel or cobble
substrates, and therefore was not considered suitable habitat.
Based on being outside the designated critical habitat, the lack of potential habitat, lack of
nearby records, WR concludes that the project will have No Effect on the Cape Fear shiner.
Biological Determination - No Effect
Page 4 of 6

::WithersRavenel
Our People. Your Success.
Harperella (T)
Harperella is a perennial herb that grows to a height of 6-36 inches with leaves that are hollow,
quill -like structures. Harperella flowers from May until the first frost, and the small white
flowers occur in heads, reminiscent of a small Queen Anne's lace flower head. Harperella is
typically found on rocky or gravel shoals and sandbars and along the margins of clear, swift -
flowing stream sections. The only known population in Chatham County is a recently re-
introduced population in the Deep River after the original population known from that area
disappeared.
The ephemeral and intermittent streams located in the review area were not considered
potential habitat due to the lack of water in these streams during portions of the year. The
perennial stream was a small, low -flowing shallow stream that had a depth of water
approximately 2-4" and therefore was not considered suitable habitat.
Based on the lack of potential habitat, lack of nearby records, WR concludes that the project will
have No Effect on harperella.
Biological Determination - No Effect
Summary
The review area does not contain occurrences of, or potential habitat for the Bald Eagle, RCW,
Cape Fear Shiner, or Harperella and the proposed activities will have no effect on these species.
Therefore, based our findings and best professional judgment Section 7 consultation with the
USFWS under the ESA is not required as the proposed project will have No Effect on federally
listed threatened or endangered species known to occur in Chatham County.
We request USFWS' review of the results of the of the threatened and endangered species for
concurrence with our findings. Please feel free to contact me if you have any questions or
concerns regarding the contents of this report.
Sincerely,
Alyssa Ricci
Environmental Scientist
WithersRavenel
Troy Beasley
Senior Environmental Scientist
WithersRavenel
Page 5 of 6

::WithersRavenel
Our People. Your Success.
Attachments:
1) USGS Quadrangle Exhibits
2) Aerial Exhibit
3) Vegetative Communities Exhibit
4) Bald Eagle Location Exhibit
5) Chatham County Soil Survey Exhibit
6) USFWS Official Species List
7) NCNHP Project Review Letter
8) Photo Documentation
REFERENCES
1. 2021 Natural Heritage Program List of Rare Plant Species of North Carolina. Edited by Laura
Gadd Robinson. N. C. Natural Heritage Program; NC Department of Environment and
Natural Resources.
2. 2020 Natural Heritage Program List of the Rare Animal Species of North Carolina. Compiled
by Judith A. Ratcliffe. N. C. Natural Heritage Program; NC Department of Environment and
Natural Resources.
3. Flora of the Southern and Mid -Atlantic States - May 2015 version by Alan S. Weakly,
University of North Carolina Herbarium.
5. Natural Heritage Program Database Search at: https://ncnhde.natureserve.org/ accessed
01/07/2022.
6. NC Natural Heritage Program Project Review Letter dated 03/10/2022.
7. USFWS IPaC Official Species List dated 03/10/2022.
Page 6 of 6

::WithersRavenel
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USFWS OFFICIAL SPECIES
LIST
MARCH 2O22

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2022-0018370
Project Name: Flatiron Forest
March 10, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the 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
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological

03/10/2022
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.

03/10/2022
Attachment(s):
• Official Species List

03/10/2022
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

03/10/2022
Project Summary
Project Code: 2022-0018370
Event Code: None
Project Name: Flatiron Forest
Project Type: Residential Construction
Project Description: 02220132.00 Flatiron Forest
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.79556255,-79! 1295879470006,14z
O
4'
¢
C
Counties: Chatham County, North Carolina

03/10/2022 3
Endangered Species Act Species
There is a total of 4 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
Fishes
NAME
STATUS
Endangered
STATUS
Cape Fear Shiner Notropis mekistocholas 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/6063
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Harperella Ptilimnium nodosum
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3739
STATUS
Candidate
STATUS
Endangered

03/10/2022
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

03/10/2022
IPaC User Contact Information
Agency:
WithersRavenel
Name:
Alyssa Ricci
Address:
115 Mackenan Drive
City:
Cary
State:
NC
Zip:
27511
Email
[e-mail]
Phone:
9192158619

■■ WithersRavenel
lipOur People. Your Success.
USFWS I PAC RESOURCE
LIST 1/12/2024

1/12/24, 1:28 PM IPaC: Explore Location resources
IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical
habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's
(USFWS) jurisdiction that are known or expected to be on or near the project area referenced
below. The list may also include trust resources that occur outside of the project area, but
that could potentially be directly or indirectly affected by activities in the project area.
However, determining the likelihood and extent of effects a project may have on trust
resources typically requires gathering additional site -specific (e.g., vegetation/species
surveys) and project -specific (e.g., magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact information for the
USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to
each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI
Wetlands) for additional information applicable to the trust resources addressed in that
section.
Location
Chatham County, North Carolina
I
Local office
Raleigh Ecological Services Field Office
k. [phone]
1@ [phone]
OM-02
https://ipac.ecosphere.fws.gov/location/SMJBVGIAG5EVBCN45JGFARWBEI/resources 1/16

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MAILING ADDRESS
IPaC: Explore Location resources
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
00000
F01?4*A-
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Endangered species
This resource list is for informational purposes only and does not constitute an analysis of
project level impacts.
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI includes
areas outside of the species range if the species could be indirectly affected by activities in
that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at
the dam site, may indirectly impact the species by reducing or eliminating water flow
downstream). Because species can move, and site conditions can change, the species on this
list are not guaranteed to be found on or near the project area. To fully determine any
potential effects to species, additional site -specific and project -specific information is often
required. P t--,&
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may be
present in the area of such proposed action" for any project that is conducted, permitted,
funded, or licensed by any Federal agency. A letter from the local office and a species list
which fulfills this requirement can only be obtained by requesting an official species list from
either the Regulatory Review section in IPaC (see directions below) or from the local field
office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC
website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed speciesi and their critical habitats are managed by the Ecological Services Program of
the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic
and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also
shows species that are candidates, or proposed, for listing. See the listing status page for
more information. IPaC only shows species that are regulated by USFWS (see FAQ).
https://ipac.ecosphere.fws.gov/location/SMJBVGIAG5EVBCN45JGFARWBEI/resources 3/16

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IPaC: Explore Location resources
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office
of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
The following species are potentially affected by activities in this location:
Mammals
NAME
Tricolored Bat Perimyotis subflavus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/10515
Birds
I111I_Wlq
STATUS
Proposed Endangered
STATUS
Red -cockaded Woodpecker Picoides borealis E g
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Fishes
NAME STATUS
Cape Fear Shiner Notropis mekistocholas Endangered
Wherever found
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecptspecies/6063
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME STATUS
https://ipac.ecosphere.fws.gov/location/SMJBVGIAG5EVBCN45JGFARWBEI/resources 4/16

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Harperella Ptilimnium nodosum Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3739
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
There are no critical habitats at this location.
You are still required to determine if your project(s) may have effects one
all above listed species.
Bald &Golden Eagles
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act' and
the Migratory Bird Treaty Act2.
Any person or organization who plans or conducts activities that may result in impacts to
bald or golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described in the links below.
Specifically, please review the "Supplemental Information on Migratory Birds and Eagles".
Additional information can be found using the following links:
• Eagle Management https://www.fws.gQv//program/eagle-management
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-
migratory-birds
• Nationwide conservation measures for birds
https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-
measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC
https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-
golden-eagles-may-occur-project-action
There are bald and/or golden eagles in your project area.
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IPaC: Explore Location resources
For guidance on when to schedule activities or implement avoidance and minimization
measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF
PRESENCE SUMMARY below to see when these birds are most likely to be present and
breeding in your project area.
111_1t•Iq
BREEDING SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to jul 31
This is not a Bird of Conservation Concern (BCC) in this area,
but warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of
development or activities.
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
"Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled
"Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to
interpret this report. ,
Probability of Presence (m)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s)
your project overlaps during a particular week of the year. (A year is represented as 12 4-
week months.) A taller bar indicates a higher probability of species presence. The survey
effort (see below) can be used to establish a level of confidence in the presence score. One
can have higher confidence in the presence score if the corresponding survey effort is also
high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events
for that week. For example, if in week 12 there were 20 survey events and the Spotted
Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in
week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week
12 (0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
https://ipac.ecosphere.fws.gov/location/SMJBVGIAG5EVBCN45JGFARWBEI/resources 6/16

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probability of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
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 ( )
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data (—)
A week is marked as having no data if there were no survey events for that week
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are
based on all years of available data, since data in these areas is currently much more sparse.
SPECIES JAN FEB
Bald Eagle I I I I
Non -BCC
Vulnerable
probability of presence
F
MAR APR MAY JUN
breeding season I survey effort — no data
JUL AUG SEP OCT NOV DEC
What does IPaC use to generate the potential presence of bald and golden eagles in my specified
location?
The potential for eagle presence is derived from data provided by the Avian Knowledge Network (AKN),. The
AKIN 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). To see a list of all birds potentially present in your
project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs of bald and golden eagles in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC), and other
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN). The AKIN 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
https://ipac.ecosphere.fws.gov/location/SMJBVGIAG5EVBCN45JGFARWBEI/resources 7/16

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IPaC: Explore Location resources
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 Rapid Avian Information Locator (RAIL) Tool.
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. Please contact your local Fish and Wildlife Service Field Office if
you have questions.
Migratory birds
.n\04\%
Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden
Eagle Protection Act2.
IIIIIIIIIIILIM
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats3 should follow appropriate regulations and
consider implementing appropriate conservation measures, as described in the links below.
Specifically, please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
0 # %%
Additional information can be found using the following links:
• Eagle Management https://www.fws.gQv//program/eagle-management
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-
migratory-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC
https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-
golden-eagles-may-occur-project-action
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
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IPaC: Explore Location resources
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, see the PROBABILITY OF
PRESENCE SUMMARY below to see when these birds are most likely to be present and
breeding in your project area.
NAME
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area,
but warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of
development or activities.
BREEDING SEASON
Breeds Sep 1 to Jul 31
do"I(
Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 to Oct 10
This is a Bird of Conservation Concern (BCC) throughout ito
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9399
Aw
0
.0+&
Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug 25
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Eastern Whip -poor -will Antrostomus vociferus Breeds May 1 to Aug 20
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Kentucky Warbler Oporornis formosus Breeds Apr 20 to Aug 20
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://ipac.ecosphere.fws.gov/location/SMJBVGIAG5EVBCN45JGFARWBEI/resources 9/16

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Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Probability of Presence Summary
Breeds elsewhere
Breeds May 10 to Aug 31
The graphs below provide our best understanding of when birds of concern are most likely
to be present in your project area. This information can be used to tailor and schedule your
project activities to avoid or minimize impacts to birds. Please make sure you read
"Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled
"Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to
interpret this report.
Probability of Presence ()OM
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s)
your project overlaps during a particular week of the year. (A year is represented as 12 4-
week months.) A taller bar indicates a higher probability of species presence. The survey
effort (see below) can be used to establish a level of confidence in the presence score. One
can have higher confidence in the presence score if the corresponding survey effort is also
high. ��
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events
for that week. For example, if in week 12 there were 20 survey events and the Spotted
Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in
week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week
12 (0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
https://ipac.ecosphere.fws.gov/location/SMJBVGIAG5EVBCN45JGFARWBEI/resources 10/16

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probability of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
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 ( )
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data (—)
A week is marked as having no data if there were no survey events for that week
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are
based on all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
F
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald
Eagle Non-BCCIIII III ,� _� I I IIII IIII IIII IIII 1 1 1 IIII I I I
Vulnerable
Black -billed Jill 1 1 1 1 1 1 1+++++ +i l Jill 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Cuckoo
BCC Rangewide
(CON)
Chimney Swift 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 IIII IIII 1 1 1 1 1 1 1 IIII I I I
BCC Rangewide
(CON)
Eastern Whip -
poor -will
BCC Rangewide
(CON)
Kentucky
Warbler
BCC Rangewide
(CON)
Prairie Warbler IIII IIII III
BCC Rangewide
(CON)
https://ipac.ecosphere.fvvs.gov/location/SMJBVGIAG5EVBCN45JGFARWBEI/resources 11/16

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Prothonotary 11+ "'11111 IN*++++ ++++Warbler HIM MMMI
BCC Rangewide
(CON)
Red-headed tT F +10+ +1+0 00 000+ 01+1 i++i +i+i +i++ ++IN 11+1
Woodpecker
BCC Rangewide
(CON)
Rusty Blackbird ++++ ++++ ++++ ++++ ++++ ++++ ++++ +�++
BCC - BCR
Wood Thrush I ++ ++++ ++++ +*$1 J""1'1++m+m' +��+ +�1� ��++ ++++ ++++
BCC Rangewide
(CON)
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory
birds. %. 4
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.
f %%
What does IPaC use to generate the list of migratory birds that potentially occur in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC), and other
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention because
they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a
particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.
It is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator (RAIL) 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.
https://ipac.ecosphere.fws.gov/location/SMJBVGIAG5EVBCN45JGFARWBEI/resources 12/16

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IPaC: Explore Location resources
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 or migrating in my 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 query your location using the RAIL Tool and look at the range maps
provided for birds in your area at the bottom of the profiles provided for each bird in your results. 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: left
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout e
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.
A
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and
groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data
Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to
you in your project review. Alternately, you may download the bird model results files underlying the portal
maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird
Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the
year, including migration. Models relying on survey data may not include this information. For additional
information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact
Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating
the Eagle Act should such impacts occur.
https://ipac.ecosphere.fws.gov/location/SMJBVGIAG5EVBCN45JGFARWBEI/resources 13/16

1/12/24, 1:28 PM IPaC: Explore Location resources
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.
Facilities
National Wildlife Refuge
via
lands
Any activity proposed on lands managed by the National Wildlife Refuge system must
undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the
individual Refuges to discuss any questions or concerns.
There are no refuge lands at this location.
X414 �
Fish hatcheries
There are no fish hatcheries at this location.
https://ipac.ecosphere.fws.gov/location/SMJBVGIAG5EVBCN45JGFARWBEI/resources 14/16

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Wetlands in the National Wetlands Inventory
(NWI)
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under
Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to
determine the actual extent of wetlands on site.
This location overlaps the following wetlands:
RIVERINE
R4SBC
A full description for each wetland code can be found at the National Wetlands Inventory
website "Mo %For
NOTE: This initial screening does not replace an on -site delineation to determine whether
wetlands occur. Additional information on the NWI data is provided below.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of
high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A
margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular
site may result in revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image
analysts, the amount and quality of the collateral data and the amount of ground truth verification work
conducted. Metadata should be consulted to determine the date of the source imagery used and any
mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There
may be occasional differences in polygon boundaries or classifications between the information depicted
on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
https://ipac.ecosphere.fws.gov/location/SMJBVGIAG5EVBCN45JGFARWBEI/resources 15/16

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IPaC: Explore Location resources
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also
been excluded from the inventory. These habitats, because of their depth, go undetected by aerial
Imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or
products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local
government or to establish the geographical scope of the regulatory programs of government agencies.
Persons intending to engage in activities involving modifications within or adjacent to wetland areas should
seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory
programs and proprietary jurisdictions that may affect such activities.
O0"\'00
FOB
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https://ipac.ecosphere.fws.gov/location/SMJBVGIAG5EVBCN45JGFARWBEI/resources 16/16

■■ WithersRavenel
lipOur People. Your Success.
NCNHP PROJECT REPORT
1/12/2024

Roy Cooper, Governor
■ ■■■
r ■■ ■ INC DEPARTMENT OF
■■,■i NATURAL AND CULTURAL RESOURCES
■ ■■
January 12, 2024
Troy Beasley
Withers & Ravenel
115 MacKenan Drive
Cary, NC 27511
RE: Flatiron Forest; 02220132.00
Dear Troy Beasley:
❑. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
1104 \��1iUDI111111111110118iZ
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database, based on the project area mapped with your request, indicates
that there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary, or within a one -mile radius of
the project boundary.
Please note that although there may be no documentation of natural heritage elements within or
near 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.
Please also 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 also not be redistributed without
permission.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact the NCNHP at natural.heritageCodncr.nc.gov.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESCVRCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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::WithersRavenel
Our People. Your Success.
SH PO COMMENT LETTER

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
April 27, 2022
Alyssa Ricci
WithersRavenel
115 MacKenan Drive
Cary, NC 27511
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
ariccigwithersravenel.com
Re: Construct Flatiron Forest residential subdivision, 625 Hamlets Chapel Road, Pittsboro,
Chatham County, ER 22-1128
Dear Ms. Ricci:
Thank you for your email of April 5, 2022, regarding the above -referenced undertaking. We have reviewed
the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
(1�
Sincerely,�j �U
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

■■ WithersRavenel
lipOur People. Your Success.
CHATHAM COUNTY BUFFER
DETERMINATION LETTER

WATERSHED PROTECTION DEPARTMENT
CHATHAM COUNTY
NoR'rm CAROIANA
Alyssa Ricci
Withers Ravenel
115 Mackenan Drive
Cary, NC 27511
P.O. Box 548
Pittsboro, NC 27312
PHONE: [phone]
Fax: [phone] • E-mail: [e-mail] • Website: www.chathamcountvnc.gov
June 8, 2022
Project Name: Flatiron Forest — Mt Gilead Parcel # 2014 & 2037
Location: Hamlets Chapel Road, Chatham County
Subject Features: One 1) ephemeral stream. one 1) intermittent stream
segment, one 1) perennial stream segments, and six (b,
potential wetlands
Date of June 2, 2022
Determination:
Explanation:
The site visit was completed on June 2, 2022, by Drew Blake with Chatham County Watershed Protection
and staff of Withers Ravenel on Parcel # 2014 and 2037 that are located within the Jordan Lake watershed.
Withers Ravenel personnel completed a previous site visit which resulted in the identification of two (2)
ephemeral stream, one (1) intermittent stream segment, one (1) perennial stream segments, and six (6)
potential wetlands on the property. Withers Ravenel submitted a request for Chatham County to complete a
formal review to determine if the features would be subject to riparian buffers according to Section 304 of the
Chatham County Watershed Protection Ordinance.
All points of origin, stream type transitions, and wetland boundaries were reviewed and agreed to in the field
by all parties in attendance. One ephemeral stream segment (Feature B — Stream Form 2A) was removed as
the segment did not meet the required 10 points for ephemeral streams.
Required Riparian Buffers:
All ephemeral stream segments will require a 30-ft buffer from the top of bank landward on both sides. All
intermittent stream segments will require a 50-ft buffer from the top of bank landward on both sides. The
perennial stream segment will require a 100-ft buffer from the top of bank landward on both sides. A 50-ft
buffer will be required on all wetlands from the flagged boundary landward.
Impacts to Riparian Buffers:
Impacts to the riparian buffers may require a Riparian Buffer Authorization depending on the size and scope
of the impacts. Please refer to Section 304 Q) (3) of the Chatham County Watershed Protection Ordinance to
determine if your impacts will require a Riparian Buffer Authorization. If you determine that a Riparian
Buffer Authorization is required please contact Drew Blake to receive the required application and submittal
instructions.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by Chatham County, on parcels outside of the Jordan Lake

WATERSHED PROTECTION DEPARTMENT
CHATHAM COUNTY
NoR'rm CAROIANA
P.O. Box 548
Pittsboro, NC 27312
PHONE: [phone]
Fax: [phone] • E-mail: [e-mail] • Website: www.chathamcountvnc.gov
watershed, may submit a request for appeal in writing to the Watershed Review Board. A request for a
determination by the Watershed Review Board shall be made in accordance with Section 304 of the Chatham
County Watershed Protection Ordinance. Landowners or affected parties that dispute a determination made
by Chatham County, on parcels inside the Jordan Lake watershed, shall submit a request for appeal in writing
to NC DWR, 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27669-1650 attention of
the Director of the NC Division of Water Quality.
Should this project result in any direct impacts to surface water features (i.e., crossing and/or filling streams
or wetlands) additional reviews may be necessary. Additionally, a Section 404/401 Permit may be required.
Any inquiries regarding Section 404/401 permitting should be directed to the Division of Water Resources
(Central Office) at (919)-807-6364 and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at
(919)-554-4884.
Respectfully,
09/mw B&tA�
Drew Blake
Senior Watershed Specialist, CESSWI
Enclosures:
Buffer Determination Exbibit with Buffers — Completed by Withers Ravenel
NRCS Soil Survey — Completed by Withers Ravenel
USGS Topographic Map — Completed by Withers Ravenel
Withers Ravenel Stream ID Forms
Withers Ravenel Wetland Data Form
Major Subdivision Riparian Buffer Application
Authorized Agent Form
Authorization to Enter Property Form
Site Photographs — provided by Withers Ravenel
cc: Rachael Thorn, Director, Chatham County Watershed Protection Department
Kimberly Tyson, Planner II/Subdivision Administrator, Chatham County Planning Department
Hunter Glenn. Planner I, Chatham County Planning Department
Angela Plummer, Planner II/Zoning Administrator, Chatham County Planning Department
Jason Sullivan, Director, Chatham County Planning Department

GRAPHIC SCALE
1 inch — 200 k.
REVIEW AREA — , ��� \\ro
J WETLAND F \�
51�
WETLAND D \ \
I 50' CHATHAM CO. ` \
RIPARIAN BUFFERLL-
\ w
FEATURE C LL-
(STREAM 3)
FEATURE A
(STREAM 1) � \��� LLJ
O
/r- �100' CHATHAM CO.
RIPARIAN BUFFELLJ
LLJ
R
LLJ
LL
FEATURE B // / _� \ v 3
(STREAM 2) C�
EPHERMERAL
S-1 START EPH
10
CHATHAM CO.
RIPARIAN BUFFER
w
WETLAND A 0 z
0LL 0
af
LL
NOTES:
1) DELINEATION PERFORMED BY WR ON 03/30/2022.
2) WETLAND/STREAM/BUFFER LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION, CHATHAM COUNTY GIS
DATA, AND TOPOGRAPHIC INTERPRETATION. \

::WithersRavenel
Our People. Your Success.
REVISED IMPACT
EXHIBITS

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