20240818 Ver 1_PCN Attachments_Island Creek Reserve_20240612

PCN Attachments
1. AGENT AUTHORIZATION
2. USGS TOPO VICINITY MAP
3. NRCS COUNTY SOIL SURVEY VICINITY MAP
4. USACE JURISDICTIONAL DETERMINATION (PJD/AJD/CONCURRENCE
EMAIL) - ONSITE
5. S&EC SKETCH MAP- OFFSITE
6. JOHNSTON COUNTY BUFFER DETERMINATION LETTER- ONSITE
7. JOHNSTON COUNTY BUFFER DETERMINATION LETTER- OFFSITE
8. S&EC THREATENED & ENDANGERD SPECIES REPORT -UPDATED TO
INCLUDE SW & EROSION CONTROL PLANS
9. USFWS T&E RESPONSE-2021 SUBMITTAL
10. STATE HISTORIC PRESERVATION OFFICE LETTER
11. IMPACT MAP SET COVER SHEET & S&EC SKETCH MAP
12. EXISTING CONDITIONS & PROPOSED CONDITIONS MAPS
13.IMPACT EXHIBITS & CROSSING PROFILES
14. DEWATERING DETAIL

Soil & Environmental Consultants, Inc.
8412 Faits of Nense .12oad, Sllite 104, Raleigh, NC 27615 s Phone [phone]zm [phone]
sandec.com
AGENT AUTHORIZATION
Project Name/Description: Island Creek Reserve (aka Wood prosy_) S&EC Project # 14748
Date: December 14, 2023
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Christopher Hopper Field Office: Raleigh Regional Field Office
I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for
the processing, issuance and acceptance of a permit or certification and any and all associated standard
and special conditions. This notification supersedes any previous correspondence concerning the agent for
this project.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 164600-29-0071, 164600-38-1768: 164600-39-2157
Site Address: Josephine Road, 335 and 339 Bald Head Island Drive
City, County, State: Garner, Johnson County. NC
APPLICANT INFORMATION:
Name: Shenandoah Homes, LLC
Mailing Address: 4112 Blue Ridge Road Suite 210 Raleigh NC 27612
Telephone Number: 91 o.233-8581
Email: [e-mail]
Date
Applicant
12/14/23
We here certify the above information submitted in this application is tare and accurate to
the bestit our knowledge.

2
Project Number: 14748.W7
Project Manager:
MM
Scale:
1" = 1500'
Date:
12/18/2023
USGS The National Map: National Boundaries Dataset, 3DEP Elevation
Program, Geographic Names Information System, National Hydrography
Dataset, National Land Cover Database, National Structures Dataset, and
National Transportation Dataset; USGS Global Ecosystems; U.S. Census
Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S.
Department of State Humanitarian Information Unit; and NOAA National
Centers for Environmental Information, U.S. Coastal Relief Model. Data
refreshed June, 2022.
Map Title:
USGS Map
Island Creek Reserve
Johnston County, NC
Source:
USGS National Map
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Scale: Johnston County, NC
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12/18/2023 Survey Sheet 05

I
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01579 County: Johnston U.S.G.S. Quad: NC -Edmondson
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Soil & Environmental Consultants
Kevin Murphrev
Address: 8412 Falls of Neuse Road
Raleigh, North Carolina 27615
Telephone Number: 919-916-0201
E-mail: kmurphrevnsandec.com
Size (acres) 123
Nearest Waterway Swift Creek
USGS HUC 03020201
Nearest Town Garner
River Basin Neuse
Coordinates Latitude:35.584795
Longitude:-78.523662
Location description: The site is located on both north and south sides of Josephine Road, approximately 0.9 mile east of its
intersection with Cornwallis Road in Garner, Johnston County, NC. North of Josephine Road the tract is primarily forested
and south of the road it is primarily agricultural land.
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 7/22/2021, and updated on March 4, 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.

SAW-2021-01579
❑ 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
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 Christopher Hopper at [phone] (05) or
christopher.d.hopp er(&u sace. army.mil.
C. Basis For Determination: See the preliminary iurisdictional determination form dated 03/04/2022.
D. Remarks: The Approved Jurisdictional Determination applies only to Pond I on the attached exhibit. Field
verifications occurred on March 4, 2022 and the feature was confirmed to have been constructed in uplands.
The Preliminary Jurisdictional Determination applies to all othersfeatures depicted on the attached exhibit and
listed on the attached Preliminary Jurisdictional Determination form.
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
PHILIP.A. SHANNINgU SACE.ARMY.MIL

SAW-2021-01579
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 Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
J f -
Date of JD: 03/04/2022 Expiration Date of JD: 3/4/2027
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
hops://regulatory.ops.usace.army.mil/customer-service-survey/.
Copy Furnished:
Property Owner: Philip Wood
Address: 1633 Cornwallis Road
Garner, North Carolina 27529
Telephone Number: 919-337-3174
E-mail: philwoodscaping() maitcom

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Soil & Environmental Consultants, Kevin
File Number: SAW-2021-01579
Date: 03/04/2022
Murphrey
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPermits.asi)x
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Admimistrativc Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Christopher Hopper
ADMINISTRATIVE APPEAL REVIEW OFFICER
Raleigh Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
3331 Heritage Trade Drive, Suite 105
ATLANTA, GEORGIA 30303-8803
Wake Forest, North Carolina 27587
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportum to participate in all site invest] ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Christopher Hopper, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 04-MAR-2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD:
Soil & Environmental Consultants
Kevin Murphrey
8412 Falls of Neuse Road
Raleigh, North Carolina 27615
919-916-0201
[e-mail]
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
SAW, Wood Property / Josephine Rd / Garner NC / Johnston County, SAW-2021-01579
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC
RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Johnston County City:
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.5847950 Long.:-78.5236620
Universal Transverse Mercator: 17
Name of nearest waterbody: Swift Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
X Field Determination. Date(s): March 4, 2022
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION.
Site Number
Latitude (decimal
degrees)
Longitude
(decimal degrees)
Estimated amount
of aquatic
resource in review
area (acreage and
linear feet, if
applicable)
Type of aquatic
resource (i.e.,
wetland vs. non-
wetland waters)
Geographic
authority to which
the aquatic
resource "may be"
subject (i.e.,
Section 404 or
Section 10/404
A
35.589008
-78.521031
1006 feet
Non -wetland waters
Section 404
B
35.588839
-78.523977
747 feet
Non -wetland waters
Section 404
c
35.587149
-78.523474
1406 feet
Non -wetland waters
Section 404
D
35.586955
-78.520285
802 feet
Non -wetland waters
Section 404
E
35.579359
-78.524518
2261 feet
Non -wetland waters
Section 404
G
35.590869
-78.524506
272 feet
Non -wetland waters
Section 404
H
35.586346
-78.523812
319 feet
Non -wetland waters
Section 404
1
35.588248
-78.520694
813 feet
Non -wetland waters
Section 404
LW1
35.587357
-78.523303
45.7 feet
Wetland
Section 404
LW2
35.587541
-78.523004
122 feet
Wetland
Section 404
W1
35.57968
-78.525222
0.87 acres
Wetland
Section 404
W10
35.589537
-78.520048
0.06 acres
Wetland
Section 404
W11
135.588619
-78.524224
10.004 acres
I Wetland
I Section 404
W12
135.588216
-78.524758
10.008 acres
I Wetland
I Section 404
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.
Page 1 of 3

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
W13
35.580158
-78.52664
0.005 acres
Wetland
Section 404
W2
35.579284
-78.52279
2 acres
Wetland
Section 404
W3
35.585802
-78.520861
0.28 acres
Wetland
Section 404
W4
35.58809
-78.520847
10.2 acres
Wetland
Section 404
W5
35.587081
-78.523558
0.2 acres
Wetland
Section 404
W6
35.586608
-78.524143
0.02 acres
Wetland
Section 404
W7
35.586278
-78.523881
0.02 acres
Wetland
Section 404
W8
35.589891
-78.520601
0.04 acres
Wetland
Section 404
W9
35.589922
-78.520018
0.1 acres
Wetland
Section 404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain
an approved JD (AJD) for that review area based on an informed decision after having discussed
the various types of JDs and their characteristics and circumstances when they may be
appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre -construction notification"
(PCN), or requests verification for a non -reporting NWP or other general permit, and the permit
applicant has not requested an AJD for the activity, the permit applicant is hereby made aware
that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which
does not make an official determination of jurisdictional aquatic resources; (2) the applicant has
the option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result in less
compensatory mitigation being required or different special conditions; (3) the applicant has the
right to request an individual permit rather than accepting the terms and conditions of the NWP
or other general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including whatever
mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity
in reliance upon the subject permit authorization without requesting an AJD constitutes the
applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a
proffered individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either
an AJD or a PJD, the.JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit denial can
be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal,
it becomes appropriate to make an official determination whether geographic jurisdiction exists
over aquatic resources in the review area, or to provide an official delineation of jurisdictional
aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as
soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there
"may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic
features in the review area that could be affected by the proposed activity, based on the following
information:
' 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.
Page 2 of 3

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where indicated
for all checked items:
_X_ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: S&EC
Map: Wetland Sketch Map Wood Property Johnston County NC
_X_ Data sheets prepared/submitted by or on behalf of the PJD requestor.
_X_ Office concurs with data sheets/delineation report.
_ Office does not concur with data sheets/delineation report. Rationale:
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
_ USGS NHD data.
_ USGS 8 and 12 digit HUC maps.
_X_ U.S. Geological Survey map(s). Cite scale & quad name: Edmondsun NC, USGS 7.5 min quad
_X_ Natural Resources Conservation Service Soil Survey. Citation: Johnston County Soil Survey Sheet 5
National wetlands inventory map(s). Cite name:
State/local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
_X_ Photographs: _X_ Aerial (Name & Date): NC OneMap true color aerial (undated)
_ or _ Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by
the Corps and should not be relied upon for later jurisdictional determinations.
March 4, 2022
Signature and date of Regulatory staff
member completing PJD
Signature and date of person requesting
PJD (REQUIRED, unless obtaining the
signature is impracticable)'
' 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.
Page 3 of 3

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook
SECTION L• BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 03/04/2022
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish/borough: Garner City: Johnston
Center coordinates of site (lat/long in degree decimal format): Lat. 35.583366' 1, Long.-78.525597' �.
Universal Transverse Mercator: 17S 724372 3940719
Name of nearest waterbody: Swift Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Neuse
Name of watershed or Hydrologic Unit Code (HUC): 03020201
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
® Field Determination. Date(s): 03/04/2022
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are nd "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR past 329) in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Pick List "waters of the US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): 1
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
❑ Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
® Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: linear feet: width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: h§6i&t
Elevation of established OHWM (if known):
2. Non -regulated waters/wetlands (check if applicable):'
® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: Pond 1 was determined to be an "iolated pond". Data forms were collected above and below the pond. No
evidence of connection to downstream resources was observed during a site visit performed on March 4, 2022..
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
s Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section I LAA and Section IILD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections I LAA and 2
and Section ULD.1.; otherwise, see Section I LB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section I LD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section IILD.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section I LB.1 for
the tributary, Section I LB.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pic_ tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM' (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
❑ changes in the character of soil
❑
❑ shelving
❑
❑ vegetation matted down, bent, or absent
❑
❑ leaf litter disturbed or washed away
❑
❑ sediment deposition
❑
❑ water staining
❑
❑ other (list):
❑ Discontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
in High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain fmdings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: �. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain fmdings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
fmdings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain fmdings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section IILD:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain fmdings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet width (ft), Or, acres.
❑ Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
Non-RPWs' that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters?
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
'Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
"Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Provide estimates for jurisdictional waters in the review area (check all that apply):
p Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
❑ Other. (explain, if not covered above):
Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
® Lakes/ponds: 2.1 acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
II Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name2019 Edmonson, NC Quad.
® USDA Natural Resources Conservation Service Soil Survey. Citation: Johnston Co Soil Survey Sheet 05.
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):NC OneMap true color aerial (undated).
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
❑ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

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r; Potentially Jurisdictional Perennial Stream
a�a Potentially Jurisdictional Intermittent Stream
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Potentially Jurisdictional Linear Wetland
Potentially Jurisdictional Pond
Potentially Jurisdictional Wetland
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DEPARTMENT OF PUBLIC UTILITIES
PO BOX 2263
SMITHFIELD, NC 27577
[phone]
November 22, 2021
Phillip Wood
1633 Cornwallis Rd
Garner, NC 27529
Subject: Neuse River Buffer Call
NBR# NB 21-038
Project Name: Wood Property (NC Pin# 164600-29-0071)
Location / Directions: Near 1631 Josephine Rd
Subject Stream: F- A Swift Creek (C; NSW)
F-B UT to Swift Creek (C; NSW)
F-C UT to Swift Creek (C; NSW)
F-D UT to Swift Creek (C; NSW)
F-E UT to Swift Creek (C; NSW)
F- G UT to Swift Creek (C; NSW)
F- E UT to Swift Creek (C; NSW)
Determination Date: November 17, 2021 Staff. Charles Pender
Feature
Not
Subject
Subject
Start @
Stop @
Soil
Survey
USGS
Topo
Latitude
(Dec.
Degrees)
Longitude
(Dec.
Degrees)
Throughout.
F-A
®
Conceded
n/a
by applicant.
Subject
F-g
❑
®
Throughout.
n/a
®
❑
Conceded
by applicant.

Subject
F-C
❑
®
throughout.
n/a
®
❑
Conceded
by applicant.
35035.181'
-78031.214'
F-D
❑
®
At orange
At orange
LL,2J
flagging.
flagging.
35035.181'
-78031.278'
Subject
F-E
❑
®
throughout.
n/a
Conceded
by applicant.
Subject
where
F-G
❑
®
within 501f
n/a
®
❑
of property.
Conceded
by applicant.
F-J
®
❑
Not subject
n/a
Pond-
®
Not subject
n/a
1
Explanation: The feature(s) listed above that are checked "Subject" to the Johnston County Neuse
Riparian Buffer Ordinance (Section 14-393 Johnston County Code of Ordinances) has or have been
approximately shown on either the Soil Survey of Johnston County, North Carolina (1994) or the most
recent version of the 1:24,000 (7.5 minute) quadrangle topographic maps prepared by the United States
Geologic Survey (USGS), and have been located on the property and possess characteristics that qualify
it to be a stream. Each feature that is checked "Not Subject" has been determined not to be a stream or is
not present on the property. There may be other streams located on your property that do not show up on
the maps referenced above but still may be considered jurisdictional according to the US Army Corps of
Engineers and/or the North Carolina Division of Water Resources.
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 Johnston County may request a
determination by the Director of the Division of Water Resources c/o the 401 and Buffer Permitting
Unit, or its successor. An appeal request must be made within sixty (60) days of the date of this
letter or from the date the affected party (including downstream and/or adjacent owners) is notified
of this letter. A request for a determination by the Director must be submitted in writing with a
copy of this letter to:
North Carolina Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
This determination is final and binding unless, as detailed above, a request for an appeal has been
made in writing within sixty (60) days.
The owner/future owners should notify the Division of Water Resources (including any Local,
State, and Federal Agencies) of this decision concerning any future correspondences regarding the
subject property (stated above). This project may require a Section 404/401 Permit for the
proposed activity. Any inquiries should be directed to the US Army Corps of Engineers Raleigh

Regulatory Field Office at [phone] and the Division of Water Resources 401 & Buffer
Permitting Unit at [phone].
If you have any questions regarding this determination, please feel free to contact Charles Pender at (919)
209-8333 or via email at [e-mail].
Sincerely,
Charles Pender, Jr.
Engineering and Environmental Technician

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DEPARTMENT OF PUBLIC UTILITIES
PO BOX 2263
SMITHFIELD, NC 27577
[phone]
May 30, 2024
Wood Property Developments, LLC
4112 Blue Ridge Rd. Suite 210
Raleigh, NC 27612
Subject: Neuse River Buffer Call
NBR# NB 24-009
Project Name: Island Creek Offsite (NC Pin# 164600-38-1768, 164600-39-2157)
Location / Directions: End of Bald Head Island Dr.
Subject Stream: F- A UT to Swift Creek (C: NSW)
Determination Date: May 23, 2024 Staff. Charles Pender
Not
Soil
USGS
Latitude
Longitude
Feature
Subject
Subject
Start @
Stop @
Survey;
Topo
(Dec.
(Dec.
Degrees)
Degrees)
F-A
❑
❑
n/a
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Explanation: The feature(s) listed above that are checked "Subject" to the Johnston County Neuse
Riparian Buffer Ordinance (Section 14-393 Johnston County Code of Ordinances) has or have been
approximately shown on either the Soil Survey of Johnston County, North Carolina (1994) or the most
recent version of the 1:24,000 (7.5 minute) quadrangle topographic maps prepared by the United States
Geologic Survey (USGS), and have been located on the property and possess characteristics that qualify
it to be a stream. Each feature that is checked "Not Subject" has been determined not to be a stream or is

not present on the property. There may be other streams located on your property that do not show up on
the maps referenced above but still may be considered jurisdictional according to the US Army Corps of
Engineers and/or the North Carolina Division of Water Resources.
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 Johnston County may request a
determination by the Director of the Division of Water Resources c/o the 401 and Buffer Permitting
Unit, or its successor. An appeal request must be made within sixty (60) days of the date of this
letter or from the date the affected party (including downstream and/or adjacent owners) is notified
of this letter. A request for a determination by the Director must be submitted in writing with a
copy of this letter to:
North Carolina Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
This determination is final and binding unless, as detailed above, a request for an appeal has been
made in writing within sixty (60) days.
The owner/future owners should notify the Division of Water Resources (including any Local,
State, and Federal Agencies) of this decision concerning any future correspondences regarding the
subject property (stated above). This project may require a Section 404/401 Permit for the
proposed activity. Any inquiries should be directed to the US Army Corps of Engineers Raleigh
Regulatory Field Office at [phone] and the Division of Water Resources 401 & Buffer
Permitting Unit at [phone].
If you have any questions regarding this determination, please feel free to contact Charles Pender at (919)
209-8333 or via email at [e-mail].
Sincerely,
Charles Pender, Jr.
Engineering and Environmental Technician

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Snit & Environmental Consultants, Inc.
A 13� NA16 of Nenw- iba%d,1 u4v IUi, [Urigh, N(: 2705 ! Mum �919) S44-39W t Fx., M91 N4i-9467
wuuderxom
To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
February 23, 2024
S&EC Project No: 14748.W7
Re: Online Project Review Request, Island Creek, Garner — Johnston County, North Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office's online project
review process and have followed all guidance and instructions in completing the review. We completed
our review February 23, 2024 and are submitting our project review package in accordance with the
instructions for further review.
Our proposed action consists of A planned residential development that is proposing impacts to
wetlands, buffers and streams.
The location of the project and the action area are identified on the enclosed maps.
Island Creek (35.586416,-78.523609). The site is located on Josephine Road, Garner — Johnston County,
North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 15, 2026.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 29.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at mmontgomery(asandec.com
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, INC.
Mason Montgomery
Environmental Scientist, Wetlands Department
Enclosures:
1. Project Request Review Package
6.
FWS Official Species List
2. S&EC T&E Species Report
7.
NHP Report
3. Vicinity Maps
8.
FWS Species Conclusion Table
4. S&EC Photo Report
9.
FWS Self -Certification Letter
5. Overall Site Plan
10.
Island Creek Reserve
Stormwater & Erosion Control
Plan

•
Soil & Environmental Consultants, Inc.
A412 Fall* of N ut t Rm4d, %;Fc I04. Rxkiph, N C 276i5 • Phume {919) 8#6-i9lKM * Tx,, M%J R�6-9467
February 23, 2024
S&EC Project No.: 14748. W7
To: Shenandoah Homes, LLC
Attn: Andy Mills
4112 Blue Ridge Road, Suite 210
Raleigh, NC 27612
Re: THREATENED & ENDANGERED SPECIES REPORT
Island Creek (+/- 130.58 acres)
Josephine Road, Garner, Johnston County, NC
Andy Mills:
On January 12, 2024, Soil & Environmental Consultants, Inc. (S&EC) evaluated the Island Creek
property shown on the attached maps for potential endangered species. The property is located at
Josephine Road in Johnston County, NC. Surface waters on -site flow into Swift Creek and Cow Branch
in the Neuse River Basin, which has been classified in the "Classification and NC DWQ Standards
Applicable to Surface Waters and Wetlands of North Carolina" as C; NSW.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted preliminary habitat assessments to identify suitable habitat for the individual species
listed on the official species list. Detailed botanical surveys were conducted within the optimal survey
windows for the listed plant species. The preliminary habitat assessments included assessing the physical
characteristics of the streams, identifying forest types, and looking for evidence of the listed species on -
site. This survey did not include any detailed sampling or netting of aquatic species, nor did it include
any detailed mist netting or acoustic surveys for bat species. The results of the search are discussed
below.
Island Creek - S&EC Threatened & Endangered Species Report
Page I of 7

February 23, 2024
S&EC Project #14748.W7
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Tricolored Bat, (Perimyotis subflavus), Proposed Endangered
• Red -cockaded Woodpecker (Picoides borealis), Endangered
• Neuse River Waterdog (Necturus lewisi), Threatened
• Carolina Madtom (Noturus furiosus), Endangered
• Atlantic Pigtoe (Fusconaia masoni), Threatened
• Dwarf Wedgemussel (Alasmidonta heterodon), Endangered
• Yellow Lance (Elliptio lanceolata), Threatened
• Monarch Butterfly (Danaus plexippus), Candidate
Of the species identified on the official species list, the NHP report identified Federally threatened and
endangered species within the project area and within one mile of the project area. These occurrences
are for the Neuse River Waterdog, Dwarf Wedgemussel, Yellow Lance, and Atlantic Pigtoe, ranging
from 2015 to 2022 in Swift Creek. Additionally, there is an occurrence from 1991 for the Green
Floater within 1 mile of the site. Other State listed species were found within the project area as listed
in the attached NHP report. The NHP report identified one natural area and three managed areas within
the project area and within one mile of the project area. The natural area is the Neuse River / Swift
Creek Aquatic Habitat, and the managed areas are designated USFWS critical habitat for Atlantic
Pigtoe, Neuse River Waterdog, and Yellow Lance.
TRICOLORED BAT (Perimyotis subflavus):
S&EC personnel conducted preliminary surveys of potential suitable habitat for the Tricolored Bat's
within the project area. Relying upon the findings of the December 2021 Species Status Assessment
(SSA) Report for the Tricolored Bat. Due to the nature of the project being residential development,
which will include tree removal, we concluded that the project would "May affect, not likely to
jeopardize the existence of the species" for TCB's. Please anticipate a special condition on NWP
approvals stating to consult with USFW S at the time of the TCB's final listing.
Island Creek - S&EC Threatened & Endangered Species Report
Page 2 of 7

February 23, 2024
S&EC Project #14748.W7
RED -COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of potential suitable habitat (foraging and cavity trees)
for Red -cockaded Woodpeckers (RCWs) within the project area. During our evaluation, we found no
evidence of individual RCWs within the project area. The NHP report did not list any known element
occurrence within the project area or within one mile of the site. We found no ideal suitable habitat
(e.g., Long Leaf pine forests) within the project area. S&EC utilized the RCW SLOPES Manual when
making the determination. Given the lack of suitable habitat, we concluded that the project would have
"No effect" on RCWs.
NEUSE RIVER WATERDOG (Necturus lewisal:
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Neuse River Waterdog. The NHP report did list a known element occurrence within the project
area and within one mile of the site from 2022 in Swift Creek. The NHP also identified critical habitat
for the Neuse River Waterdog within Swift Creek. This species is found in the Neuse River and Tar
River basins. The suitable habitat this species is found in is typically medium to large streams and
rivers with a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles,
runs, and pools. While we did not specifically sample for the species, we also did not find any
evidence of the species while conducting our preliminary surveys of the streams for potential suitable
habitat.
Our preliminary survey concluded that potential suitable habitat does exist on -site. Swift Creek is
critical habitat for the Neuse River Waterdog. There are no proposed impacts to Swift Creek. However,
there are two proposed road crossings on perennial streams flowing into Swift Creek, and three
proposed pedestrian bridges. One of the bridges is located on a perennial stream, and two bridges are
located in the floodplain of Swift Creek. Due to these observations, we have concluded that the project
would "May affect, not likely to adversely affect" the Neuse River Waterdog. The attached Stormwater
& Erosion Control Plans are currently under review. S&EC recommends consulting with USFWS to
determine if additional measures are needed to protect the Swift Creek aquatic habitat.
Island Creek - S&EC Threatened & Endangered Species Report
Page 3 of 7

February 23, 2024
S&EC Project #14748.W7
CAROLINA MADTOM (Noturus furiosus):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Carolina Madtom. The NHP report did not list any known element occurrence within the project
area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The
suitable habitat this species is found in is also medium to large streams and rivers with a moderate
gradient and large bed material. The Carolina Madtom also needs continuous year-round now and
cover for nesting habitat. While we did not specifically sample for the species, we also did not find any
evidence of the species while conducting our preliminary surveys of the streams for potential suitable
habitat.
Our preliminary survey concluded that potential suitable habitat does exist on -site. Swift Creek is
suitable habitat for the Carolina Madtom. There are no proposed impacts to Swift Creek. However,
there are two proposed road crossings on perennial streams flowing into Swift Creek, and three
proposed pedestrian bridges. One of the bridges is located on a perennial stream, and two bridges are
located in the floodplain of Swift Creek. Due to these observations, we have concluded that the project
would "May affect, not likely to adversely affect" the Carolina Madtom. The attached Stormwater &
Erosion Control Plans are currently under review. S&EC recommends consulting with USFWS to
determine if additional measures are needed to protect the Swift Creek aquatic habitat.
ATLANTIC PIGTOE (Fusconaia masont):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did list a known element occurrence within the project area and within one
mile of the site from 2022 in Swift Creek. The NHP also identified critical habitat for the Atlantic
Pigtoe within Swift Creek. The suitable habitat for this species consists of medium sized creeks to large
rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel
with moderate to high flowing water. While we did not specifically sample for the species, we also did
not find any evidence of the species while conducting our preliminary surveys of the streams for
potential suitable habitat.
Island Creek - S&EC Threatened & Endangered Species Report
Page 4 of 7

February 23, 2024
S&EC Project #14748.W7
Our preliminary survey concluded that potential suitable habitat does exist on -site. Swift Creek is
critical habitat for the Atlantic Pigtoe. There are no proposed impacts to Swift Creek. However, there
are two proposed road crossings on perennial streams flowing into Swift Creek, and three proposed
pedestrian bridges. One of the bridges is located on a perennial stream, and two bridges are located in
the floodplain of Swift Creek. Due to these observations, we have concluded that the project would
"May affect, not likely to adversely affect" the Atlantic Pigtoe. The attached Stormwater & Erosion
Control Plans are currently under review. S&EC recommends consulting with USFWS to determine if
additional measures are needed to protect the Swift Creek aquatic habitat.
DWARF WEDGEMUSSEL (Alasmidonta heterodon):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did list a known element occurrence within the project area and within one
mile of the site from 2021 within Swift Creek. The Dwarf Wedgemussel has little to no preference for
stream size, flow condition or bed material. Based on guidance from the USFWS staff, only 2nd order
and larger perennial streams are considered suitable habitat. While we did not conduct detailed mussel
surveys, no mussels (of any species) were observed during the preliminary suitable habitat survey.
Our preliminary survey concluded that potential suitable habitat does exist on -site. Swift Creek is
critical habitat for the Dwarf Wedgemussel. There are no proposed impacts to Swift Creek. However,
there are two proposed road crossings on perennial streams flowing into Swift Creek, and three
proposed pedestrian bridges. One of the bridges is located on a perennial stream, and two bridges are
located in the floodplain of Swift Creek. Due to these observations, we have concluded that the project
would "May affect, not likely to adversely affect" the Dwarf Wedgemussel. The attached Stormwater &
Erosion Control Plans are currently under review. S&EC recommends consulting with USFWS to
determine if additional measures are needed to protect the Swift Creek aquatic habitat.
YELLOW LANCE (Elliptio lanceolata):
S&EC personnel conducted preliminary surveys of the streams on site for potential suitable habitat for
the Yellow Lance (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did list a known element occurrence within the project area and within one
Island Creek - S&EC Threatened & Endangered Species Report
Page 5 of 7

February 23, 2024
S&EC Project #14748.W7
mile of the site from 2015 in Swift Creek. The NHP report also identified critical habitat for the
Yellow Lance within Swift Creek. The suitable habitat for this species consists of medium sized rivers
and small creeks with excellent water quality. This species typically lives in streams with clean, coarse
sand, and gravel with moderate to high flowing water. While we did not specifically sample for the
species, we also did not find any evidence of the species while conducting our preliminary surveys of
the streams for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does exist on -site. Swift Creek is
critical habitat for the Yellow Lance. There are no proposed impacts to Swift Creek. However, there
are two proposed road crossings on perennial streams flowing into Swift Creek, and three proposed
pedestrian bridges. One of the bridges is located on a perennial stream, and two bridges are located in
the floodplain of Swift Creek. Due to these observations, we have concluded that the project would
"May affect, not likely to adversely affect" the Yellow Lance. The attached Stormwater & Erosion
Control Plans are currently under review. S&EC recommends consulting with USFWS to determine if
additional measures are needed to protect the Swift Creek aquatic habitat.
MONARCH BUTTERFLY (Danaus plexippus):
The Monarch Butterfly is currently listed as a candidate species, and not yet listed or proposed for
listing as threatened or endangered. Due to the current status of Monarch Butterfly, consultation with
USFWS under section 7 of the Endangered Species Act is not required. FWS recommends conserving
pollinator habitat where practicable.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter." Using language typically used by the FWS
in their conclusion letters, we have concluded that it appears the proposed project is not likely to
adversely affect any federally listed endangered or threatened species, their formally designated
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.
Island Creek - S&EC Threatened & Endangered Species Report
Page 6 of 7

February 23, 2024
S&EC Project #14748.W7
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, INC.
Digitally signed by
Mason Mason Montgomery
Montgomery Date: 2024.02.23
1 1:32:16-05'00'
Mason Montgomery
Environmental Scientist, Wetlands Department
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. Overall Site Plan
6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. December 18, 2023.
7. NHP Report: December 18, 2023.
8. S&EC — FWS Species Conclusion Table. February 6, 2024.
9. S&EC — FWS Self -Certification Letter. February 6, 2024.
10. Island Creek Reserve Stormwater & Erosion Control Plans
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaQ & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2021. Species status assessment report for the Atlantic Pigtoe (Fusconaia masoni). Version
1.2. December 2021. Atlanta, GA.
-U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis)
Second Revision. Atlanta GA 316 pp.
-U.S. Fish and Wildlife Service/ Southeast Region. 2021. Carolina Madtom. Species Profile.
https://www. fws. gov/southeast/wildlife/fishes/Carolina-madtom/.
- U.S. Fish and Wildlife Service/ Southeast Region. 2021. Neuse River Waterdog... Species Profile.
https://www. fws. gov/southeast/wildlife/amphibians/neuse-river-waterdog/
-U.S. Fish and Wildlife Service. 2021. Species Assessment (SSA) Report for the Tricolored Bat (Perimyotis subflavus)
Version 1.1. Hadley, MA.
-U.S Fish and Wildlife Service. 2022 Recommended Minimum Culvert Dimensions for Bat Roost Surveys in Western
North Carolina. Ashville, NC.
Island Creek - S&EC Threatened & Endangered Species Report
Page 7 of 7

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2024-0027886
Project Name: Island Creek Reserve
December 18, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the 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 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 sea.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered

12/18/2023
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
https://www.fws.gov/sites/def ault/files/documents/endangered-species-consultation-
handbook.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/program/migratory-bird-permit/what-
we-do.
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/library/collections/threats-birds.
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/partner/council-conservation-
migratory-birds.

12/18/2023
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Bald & Golden Eagles
• Migratory Birds
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]

12/18/2023
0
PROJECT SUMMARY
Project Code: 2024-0027886
Project Name: Island Creek Reserve
Project Type: Residential Construction
Project Description: This project is located in Johnston County, NC and is approximately 130
acres.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.5871499,-78.52153844060562,14z
f7l
Counties: Johnston County, North Carolina

12/18/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 8 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Tricolored Bat Perimyotis sub flavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
BIRDS
NAME STATUS
Red -cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
AMPHIBIANS
NAME STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. Your location overlaps the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6772
FISHES
NAME STATUS
Carolina Madtom Noturus furiosus Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/528

12/18/2023
L
CLAMS
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni
Threatened
There is final critical habitat for this species. Your location overlaps the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/784
Yellow Lance Elliptio lanceolata
Threatened
There is final critical habitat for this species. Your location overlaps the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/4511
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
Candidate
CRITICAL HABITATS
There are 3 critical habitats wholly or partially within your project area under this office's
jurisdiction.
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni
Final
https:Hecos.fws.gov/ecp/species/5164#crithab
Neuse River Waterdog Necturus lewisi
Final
https:Hecos.fws.gov/ecp/species/6772#crithab
Yellow Lance Elliptio lanceolata
Final
https:Hecos.fws.gov/ecp/species/4511#crithab
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
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 OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

12/18/2023
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Actl 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".
1. The Bald and Golden Eagle Protection Act of 1940.
2. The Migratory Birds Treater of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
There are bald and/or golden eagles in your project area.
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
BREEDING SEASON
Bald Eagle Hahaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain
types of development or activities.
https:Hecos.fws.gov/ecp/species/1626
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 (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season ( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)

12/18/2023
8
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non -BCC ++++ ++++ ++. ++++ ++++ ++++ ++++ ++++ .. ++++
Vulnerable
Additional information can be found using the following links:
• Eagle Management haps://www.fws.gov/program/eagle-management
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librqu/
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-inf ormation-migratory-birds-and-b ald-and-golden-eagles-may-occur-
project-action
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Acti and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The gyratory Birds Treater of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
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

12/18/2023
SUMMARY below to see when these birds are most likely to be present and breeding in your
project area.
NAME
BREEDING
SEASON
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9587
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https:Hecos.fws.gov/ecp/species/1626
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9427
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https:Hecos.fws.gov/ecp/species/9406
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/9398
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https:Hecos.fws.gov/ecp/species/9431
PROBABILITY OF PRESENCE SUMMARY
Breeds Mar 15
to Aug 25
Breeds May 10
to Sep 10
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 (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season ( )

12/18/2023
10
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
American Kestrel ++++ ++++ ++++ ++++ ++++ ++++ ++++ +'101 ++++ ++++ —+++ ++++
BCC -BCR
Bald Eagle ++++ ++++ ++++ 1111
+++++++ ++++ ++++ ++++ ++++ ..
Vulnerable Non -BCC Imm MMENOM...... .. a■■■ NONE 0006
Nuthat headed 11111111 HE R �qq IN IN 11111111 +11111++ 1111
BCC -BCR
Chimney swift ++++ ++++ + + +,+ + ++++ ++++ +
BCC Rangewide id w+0 �� - .... +++ +++
(CON)
Red-headed MEE mmm, mmrm mmr
Woodpecker ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++,+ —+++ ++++
BCC Rangewide
(CON)
Wood Thrush ++++ ++++ ++++ ++" ++++ ++++ ++++ ++++ ++++ ++++ .. ++++
BCC Rangewide
(CON) MMM =Mr■ ■■&= MML
Additional information can be found using the following links:
• Eagle Management https://www.fws.gov/program/eagle-management
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librqu/
collections/avoiding-and-minimizing-incidental-take-migratorv-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.Ddf
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-inf ormation-migratory-birds-and-bald-and-golden-eagles-may-occur-
project-action

12/18/2023
11
IPAC USER CONTACT INFORMATION
Agency: Private Entity
Name: Mason Montgomery
Address: 8412 Falls of Neuse Road
Address Line 2: Suite 104
City:
Raleigh
State:
NC
Zip:
27615
Email
[e-mail]
Phone:
9198465900

Roy Cooper, Governor
■■■■ NC DEPARTMENT OF
i ■
■■I_.■■ NATURAL AND CULTURAL RESOURCES
■ MGM
December 18, 2023
Robert Zarzecki
Soil & Environmental Consultants, Inc.
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Island Creek Reserve; 14748
Dear Robert Zarzecki:
1). Reid Wilsen, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-24363
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 indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached 'Documented Occurrences' tables and map.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httos://www.fws.ciov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact the NCNHP at natural.heritaaeC�dncr.nc.aov.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
Cj) 121 W JOKES STREET, RALFlGI I, NC 77603 • 1651 MAUL SERVICE CErgTER. RALEIGH. rVC 27699
& OFC 911J707,9t20 • FAX 919.7a7. 0121

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Island Creek Reserve
Project No. 14748
December 18, 2023
N C N H D E-24363
Element Occurrences Documented Within Project
Area
Taxonomic EO ID
Scientific Name
Common Name
ment Acc y Federal
State
Global State
Group
Observation Occurrence
Status
Status
Rank Rank
Date Rank
_
Amphibian 1633
Necturus lewisi
Neuse River Waterdog 2022-02-25
AB 3-Medium Threatened
Threatened
G2 S2
Crustacean 29717
Faxonius carolinensis
North Carolina Spiny
2022-07-22
E 3-Medium ---
Special
G3 S3
Crayfish
Concern
Freshwater 13799
Alasmidonta
Dwarf Wedgemussel
2021-10-21
BC 3-Medium Endangered
Endangered
G1G2 S1
Bivalve
heterodon
Freshwater 8700
Alasmidonta undulata
Triangle Floater
2022-07-22
A 3-Medium ---
Threatened
G4 S3
Bivalve
Freshwater 36529
Elliptic fisheriana
Northern Lance
2022-08-23
E 3-Medium ---
Significantly
G4 S3
Bivalve
Rare
Freshwater 21894
Elliptic lanceolata
Yellow Lance
2015-11-19
E 3-Medium Threatened
Threatened
G2 S2
Bivalve
Freshwater 7828
Elliptio roanokensis
Roanoke Slabshell
2022-08-23
E 3-Medium ---
Special
G3 S3
Bivalve
Concern
Freshwater 11695
Fusconaia masoni
Atlantic Pigtoe
2022-07-22
AB 3-Medium Threatened
Threatened
G1 S3
Bivalve
Freshwater 52
Lampsilis radiata
Eastern Lampmussel
2022-07-22
E 3-Medium ---
Threatened
G5 S3
Bivalve
Freshwater 14759
Strophitus undulatus
Creeper
2022-08-23
E 3-Medium ---
Threatened
G5 S3
Bivalve
Natural Areas Documented
Within Project Area
Site Name
presentatio
Collective Ra
NEU/Swift Creek Aquatic Habitat
R1 (Exceptional)
C3 (High)
Managed Areas Documented Within Project Area
Managed Area Name
W
Owner
Owner Type
USFWS Critical Habitat
- Atlantic Pigtoe
US Fish and Wildlife
Service
Federal
USFWS Critical Habitat
- Neuse River Waterdog
US Fish and Wildlife
Service
Federal
USFWS Critical Habitat
- Yellow Lance
US Fish and Wildlife
Service
Federal
NOTE: If the proposed project
intersects with a conservation/managed area, please contact
the landowner directly
for additional information. If the project intersects
with a Dedicated Nature Preserve
(DNP), Registered Natural Heritage
Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project.
Definitions and an explanation
of status designations and codes can be found at httos://ncnhde.natureserve.ora/help.
Data query generated on December 18,
2023; source: NCNHP,
Fall (October) 2023.
Page 2 of 6

Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 6

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Island Creek Reserve
Project No. 14748
December 18, 2023
N C N H D E-24363
Element Occurrences
Documented
Within a One
-mile Radius of the Project Area
Taxonomi
Scientific Name
Common Nam Last Element
Accuracy
Federal
State
Global
State
Group
Observation Occurrences
Status
Status�nk
Ran
Date Rank
Amphibian
1633
Necturus lewisi
Neuse River Waterdog
2022-02-25
AB
3-Medium
Threatened
Threatened
G2
S2
Crustacean
29717
Faxonius carolinensis
North Carolina Spiny
2022-07-22
E
3-Medium
---
Special
G3
S3
Crayfish
Concern
Dragonfly or
33753
Somatochlora
Coppery Emerald
2004-Pre
H?
5-Very
---
Significantly
G3G4
S1?
Damselfly
georgiana
Low
Rare
Freshwater
13799
Alasmidonta
Dwarf Wedgemussel
2021-10-21
BC
3-Medium
Endangered
Endangered
G1G2
S1
Bivalve
heterodon
Freshwater
8700
Alasmidonta undulata
Triangle Floater
2022-07-22
A
3-Medium
---
Threatened
G4
S3
Bivalve
Freshwater
36529
Elliptio fisheriana
Northern Lance
2022-08-23
E
3-Medium
---
Significantly
G4
S3
Bivalve
Rare
Freshwater
21894
Elliptio lanceolata
Yellow Lance
2015-11-19
E
3-Medium
Threatened
Threatened
G2
S2
Bivalve
Freshwater
9467
Elliptio marsupiobesa
Cape Fear Spike
2002-07-16
E
3-Medium
---
Special
G3Q
S2
Bivalve
Concern
Freshwater
7828
Elliptio roanokensis
Roanoke Slabshell
2022-08-23
E
3-Medium
---
Special
G3
S3
Bivalve
Concern
Freshwater
11695
Fusconaia masoni
Atlantic Pigtoe
2022-07-22
AB
3-Medium
Threatened
Threatened
G1
S3
Bivalve
Freshwater
52
Lampsilis radiata
Eastern Lampmussel
2022-07-22
E
3-Medium
---
Threatened
G5
S3
Bivalve
Freshwater
15369
Lasmigona subviridis
Green Floater
1991-04-11
X?
3-Medium
Proposed
Endangered
G3
S2
Bivalve
Threatened
Freshwater
14759
Strophitus undulatus
Creeper
2022-08-23
E
3-Medium
---
Threatened
G5
S3
Bivalve
Freshwater
5097
Villosa constricta
Notched Rainbow
2021-04-08
E
3-Medium
---
Threatened
G3
S3
Bivalve
Freshwater Fish31585
Notropis volucellus
Mimic Shiner
1991-10-02
H?
3-Medium
---
Threatened
G5
S2
Page 4 of 6

Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name
Representational Rating
Collective Rating -
NEU/Swift Creek Aquatic Habitat
R1 (Exceptional)
C3 (High)
Managed Areas Documented Within a One -mile Radius of the Project Area
manageCI Area Flame
Owner
Owner Type
USFWS Critical Habitat - Atlantic Pigtoe
US Fish and Wildlife Service
Federal
USFWS Critical Habitat - Neuse River Waterdog
US Fish and Wildlife Service
Federal
USFWS Critical Habitat - Yellow Lance
US Fish and Wildlife Service
Federal
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on December 18, 2023; source: NCNHP, Fall (October) 2023.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 5 of 6

NCNHDE-24363: Island Creek Reserve
A o k Rd
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Deoember 18, 2023
NHP Natural Area (NHNA)
CJ Managed Area (MAREA)
Buffered Project Boundary
Q Project Boundary
Page 6 of 6
Sources. Ese /zebus n5, —.. — reh$A, -1-. N Ro -., NCEAS.
s, O5, NMA, Geoaausryreisen, Rirl�swamrsraar. G5n Gedand, FEAIn,
rmap a E.l Gr$user mmmundy
Sa�ncaa. Esri. IiERE. Carmin. FAO, NOFA, V6C5, 0 OpenSneerddap
cenlnbumrs, ane INS GIS Vser Gmmenery

Species Conclusions Table
Project Name: Island Creek
Date: February 23, 2024
Species / Resource Name
Conclusion
ESA Section 7 / Eagle Act Determination
Notes / Documentation
Tricolored Bat
Suitable habitat present
May affect, not likely to jeopardize the
Preliminary habitat survey completed by
(Perimyotis subflavus)
existence of the species
S&EC staff on January 12, 2024.
Red -cockaded Woodpecker
No suitable habitat present
No effect
Preliminary habitat survey completed by
(Picoides borealis)
S&EC staff on January 12, 2024.
Neuse River Waterdog
Suitable habitat present
May affect, not likely to adversely affect
Preliminary habitat survey completed by
(Necturus lewisi)
S&EC staff on January 12, 2024.
Carolina Madtom
Suitable habitat present
May affect, not likely to adversely affect
Preliminary habitat survey completed by
(Noturus furiosus)
S&EC staff on January 12, 2024.
Atlantic Pigtoe
Suitable habitat present
May affect, not likely to adversely affect
Preliminary habitat survey completed by
(Fusconaia mason)
S&EC staff on January 12, 2024.
Dwarf Wedgemussel
Suitable habitat present
May affect, not likely to adversely affect
Preliminary habitat survey completed by
(Alasmidonta heterodon)
S&EC staff on January 12, 2024.
Yellow Lance
Suitable habitat present
May affect, not likely to adversely affect
Preliminary habitat survey completed by
(Elliptio lanceolata)
S&EC staff on January 12, 2024.
Bald Eagle
Unlikely to disturb nesting
No Eagle Act permit required
Preliminary habitat survey completed by
(Haliaeetus leucocephalus)
Bald Eagles
S&EC staff on January 12, 2024.
Critical Habitat
Critical habitat present
May affect, not likely to adversely affect
Atlantic Pigtoe
Fusconaia masoni
Neuse River Waterdog
Necturus lewisi
Yellow Lance
Elli do lanceolata
Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an
informed decision about impacts in the immediate and surrounding areas.
Mason Montgomery / Environmental Scientist, Wetlands Department at S&EC, Inc. February 23, 2024
Signature /Title Date

4ip����NT OF Tye, n8LI & Wig
N y4 United States Department of the Interior
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FISH AND WILDLIFE SERVICE 3
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Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:
February 23, 2024
Self -Certification Letter
Project Name Island Creek
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your proj ect in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
❑,.no effect" determinations for proposed/listed species and/or
✓ proposed/designated critical habitat; and/or
❑✓ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
0 "no Eagle Act permit required" determinations for eagles.

Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the "no effect" or
,.not likely to adversely affect" determinations for proposed and listed species and
proposed and designated critical habitat; the "may affect" determination for Northern
long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at RaleighAfws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package

ISLAND CREEK RESERVE
STORMWATER &EROSION CONTROL PLANS
ISLAND CREEK SITE DATA TABLE JOSEPHINE RD
CLEVELAND TOWNSHIP
JOHNSTON COUNTY NC
SETBACKS
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IMPERVIOUS COVERAGE
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9
From:
Ellis, John
To:
Mason Montaomerv; Mann. Leigh; Matthews. Kathryn H
Subject:
Re: DUE DATE: OCTOBER 21, 2021 Fw: [EXTERNAL] Wood Property T&E
Date:
Tuesday, May 3, 2022 5:36:31 PM
Attachments:
20220503 sign SwiftCr WakeCo.docx
Thanks for steering me back to this one. The most recent drawings are a bit different from the
original drawings showing less stream crossings and associated impacts. Can you share what
the varioius shaded areas are on the map? Also what are the expected buffer impacts? I am
asking the sewer or septic question because if sewer it could include stream crossings in which
case we would recommend HDD vs open cut.
Due to the property being adjacent to Swift Creek and contains tributaries feeding directly to
Swift Creek here are some measures that we've been recommending to help get to a may
affect not likely to adversely affect determination for the aquatic species. Please share these
with your client and see if they could be incorporated.
• Avoid removal of existing vegetation unless absolutely necessary. For example, leave
lots wooded as long as possible, preferably until home construction begins and maintain
as many trees as possible.
• Educate the construction crew about the presence of sensitive species by providing
information or installing signs on the silt fence near Swift Creek. I have attached an
example of a sign (Word doc).
• Access corridors for construction vehicles in or adjacent to the floodplain of the Swift
Creek and other streams should be minimized as much as possible.
• Implement stringent erosion control measures during construction adjacent to the
tributaries and Swift Creek floodplain, including: A double row of silt fence, to ensure
that erosion is captured effectively. Silt fence and other erosion control devices should
not include outlets that discharge closer than 50 feet to the top of bank of any stream.
Silt fence outlets for each row of silt fence should be offset to provide additional
retention of water and sediment in the outer row.
• The discharge outlets from stormwater infrastructure should be designed to avoid
stream buffers, including the dissipator pad or any other structures.
• Inspect all vehicles for leaks often. Repair any leaks and clean construction vehicles
thoroughly to remove any residual dirt, mud, debris, grease, motor oil, hydraulic fluid,
coolant, or other hazardous substances from construction vehicles.
• Inspections, repairs, cleaning, and/or servicing must be conducted either before the
vehicle, equipment, or machinery is transported into the field or at the work site.
• All drilling muds, wash -water runoff, and/or other harmful materials must be
appropriately controlled to prevent entry into a waterbody or riparian zone.
• Fuel and maintain vehicles or equipment and store potentially toxic substances (fuels,
paints, solvents, lubricants, etc.) within a containment area in uplands.
• Temporary and permanent stabilization measures should include only natural materials

that are expected to degrade over time.
• Revegetate with native species. Sericeo lespedezo is invasive and should not be used for
stabilization or revegetation. Portions of any ROW that are not intended for long-term
maintenance should be revegetated with native trees and shrubs.
• Any spills of motor oil, hydraulic fluid, coolant, or similar fluids into the riparian
wetlands or floodplain must be reported to the Corps and Service immediately.
• Conduct bi-weekly inspections of all erosion and sedimentation controls adjacent to the
floodplain of the tributaries and Swift Creek, and in uplands within 100 feet of the
riparian zones of all streams. Maintain all controls as necessary to ensure proper
installation and function. In addition to bi-weekly inspections, within 24-hours of rain
events, inspect all of the erosion and sedimentation controls to ensure the integrity of the
devices. Repair and replace sections of controls as needed to minimize the potential for
failure.
• If erosion and sedimentation controls fail causing sediment or erosion in the floodplain
wetlands or stream buffer of the tributaries or Swift Creek, the Corps and Service must
be notified within 24 hours to determine if any remediation is required.
• In sensitive watersheds, we typically recommend designing stormwater systems to
attenuate or retain the 1- to 100-year storm. Even if it is not possible to design for the
100-year storm, then we recommend that the system be designed to retain or
attenuate the largest storm possible.
John
From: Mason Montgomery <[e-mail]>
Sent: Monday, May 2, 2022 9:20 AM
To: Ellis, John <[e-mail]>
Subject: RE: DUE DATE: OCTOBER 21, 2021 Fw: [EXTERNAL] Wood Property T&E
John,
Following back up on this. Did you see the comments below from the client?
Thanks,
Mason
From: Mason Montgomery
Sent: Thursday, February 24, 2022 2:49 PM
To: Ellis, John <[e-mail]>
Subject: FW: DUE DATE: OCTOBER 21, 2021 Fw: [EXTERNAL] Wood Property T&E
John,
There hasn't been much progress on this site. I have little new information to add, but I have not
received a response from you on my clients answers in the red text below. Let me know your

thoughts, and if there is any additional info I can provide. I will check what waste water systems will
be in use (Septic vs Sewer).
Thanks,
Mason
From: Mason Montgomery
Sent: Tuesday, November 2, 2021 5:09 PM
To: Ellis, John <iohn_ellisna fws.g_ov>; charles.penderCo�iohnstonnc.com; Matthews, Kathryn H
<kathryn_matthewsCo�fws.g_ov>; Mann, Leigh <leigh_mannna fws.g_ov>; Garrison, Gabriela
<gabriela.garrison(d)ncwildlife.org>; Gibby, Jean B CIV USARMY CESAW (US)
<Jean.B.GibbyCo�usace.army.mil>
Subject: RE: DUE DATE: OCTOBER 21, 2021 Fw: [EXTERNAL] Wood Property T&E
Jon,
Below are the clients responses to your concerns. Please let me know if there is anything else I
can provide. I will be in the field the remainder of the week, but feel free to call if we need to
talk through anything.
• Can you provide an overlay of the preliminary site plan and the aerial? I have attached
the preliminary site plan to this email.
• Do you have information regarding ditchs, curbs, gutters etc post development? The
streets will not have curb & gutter. They will be roadside swales.
• What are the erosion and sediment control plans for the property? We have not
started the erosion and sediment control design yet.
• As you noted potential suitable habitat exists onsite for several listed species thus
preventing sediment from entering the stream will be very important. We will provide
BMP's to ensure the streams are protected during development.
Thanks,
Mason L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
mmont2omerv(@sandec.com
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information.
This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations
included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing
the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this
communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the

original communication from your system. Thank you.
APlease consider the environment before printing this email.
From: Ellis, John <iohn_ellisna fws.g_ov>
Sent: Tuesday, October 19, 2021 10:43 PM
To: Mason Montgomery <mmontgomeryCor sandec.com>; charles.penderCor iohnstonnc.com;
Matthews, Kathryn H <kathryn_matthewsCor fws.gov>; Mann, Leigh <leigh_manncor fws.gov>;
Garrison, Gabriela <gabriela.garrison(d)ncwildlife.org>; Gibby, Jean B CIV USARMY CESAW (US)
<Jean.B.GibbyCo�usace.army.mil>
Subject: Fw: DUE DATE: OCTOBER 21, 2021 Fw: [EXTERNAL] Wood Property T&E
Mason,
Can you provide an overlay of the preliminary site plan and the aerial? Do you have
information regarding ditchs, curbs, gutters etc post development? What are the erosion and
sediment control plans for the property? As you noted potential suitable habitat exists onsite
for several listed species thus preventing sediment from entering the stream will be very
important.
John
From: Mann, Leigh <leigh_mannCor fws.gov> on behalf of Raleigh, FW4 <raleighcor fws.gov>
Sent: Thursday, September 30, 2021 3:08 PM
To: Ellis, John <iohn_ellis(d)fws.gov>
Subject: DUE DATE: OCTOBER 21, 2021 Fw: [EXTERNAL] Wood Property T&E
From: Mason Montgomery <mmontgomer) C(@sandec.com>
Sent: Thursday, September 30, 2021 7:05 PM
To: Raleigh, FW4 <raleighPfws.gov>
Cc: Ellis, John <iohn_ellisPfws.gov>
Subject: [EXTERNAL] Wood Property T&E
This email has been received from outside of DOI - Use caution before clicking on links,
opening attachments, or responding.
Hello,
Attached is the threatened and endangered species report for the Wood Property in Johnston

County, INC. SUC is submitting for concurrence. Please review and let me know if any additional
information is required to make the determinations. The report was completed in July.
Thank you,
Mason L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
mmont2omerv(@sandec.com
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information.
This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations
included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing
the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this
communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the
original communication from your system. Thank you.
APlease consider the environment before printing this email.

10
Governor Roy Cooper
July 16, 2021
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Secretary D. Reid Wilson
Camden M. Brunick
Soil & Environmental Consultants
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
cbrunickgsandec.com
Re: Wood Property, Josephine Road, Clayton, Johnston County, ER 21-1590
Dear Mr. Brunick:
Thank you for your June 21, 2021, submission concerning the above referenced project. We have reviewed
the materials provided and offer the following comments.
There are no recorded archaeological sites within the project area. However, the project area has never been
systematically surveyed to determine the location or significance of archaeological resources. The portion
of the project area north of Josephine Road contains ridges adjacent to the Swift Creek, which are
landforms that have a high probability for containing significant archaeological sites.
We recommend that prior to any ground disturbing activities within the project area, a comprehensive
archaeological survey be conducted by an experienced archaeologist. The purpose of this survey will be to
identify and evaluate the significance of archaeological sites and cemeteries that may be damaged or
destroyed by the proposed project.
Please note that our office now requests consultation with the Office of State Archaeology Review
Archaeologist to discuss appropriate methodologies prior to the archaeological field investigation. You
can find the Review Archaeologist for your region at https://archaeology.ncdcr.gov/about/contact.
A list of archaeological consultants who have conducted or expressed an interest in contract work in North
Carolina is available at https://archaeology.ncdcr.gov/archaeological-consultant-list. The archaeologists
listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey.
One paper and one digital copy of all resulting archaeological reports, as well as one digital copy of the
North Carolina site form for each site recorded, should be forwarded to the Office of State Archaeology
through this office for review and comment as soon as they are available and in advance of any
construction or ground disturbance activities. Office of State Archaeology report guidelines are available at
hllps://files.nc.gov/dncr-arch/OSA Guidelines Dec20l7.pdf.
We have determined that the project as proposed will not have an effect on any historic structures.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

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.reviewkncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
(1�
Sincerely,
Ramona Bartos, Deputy
(� State Historic Preservation Officer

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