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HomeMy WebLinkAbout20241021 Ver 1_Elevate 64 West_PCN Attachments_26July2024_20240726 • Soil & Environmental Consultants, Inc. 8412 Falls of Neuse Road,Suite 104,Raleigh,NC 27615•Phone(919)846-5900•Fax(919)846-9467 sandec.com OWNER CERTIFICATION/AGENT AUTHORIZATION Project Name/Description: ELEVATE 64 WEST S&EC Project#15278 Date: 2024 The Department of the Army U.S. Army Corps of Engineers,Wilmington District 69 Darlington Avenue Wilmington,NC 28403 Attn: Lyle Phillips (or assigned) USACE Regulatory Field Office: Raleigh I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff(as my agent) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC (as my agent) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s)(PIN): 0712842430&0712749870 Deed: 019600/02002 Site Address: 3805 &3809 US 64 Hwy W Apex,Wake County,NC 27523 Lat/Long: 35.7400985/-78.9389063 Watershed:Beaver Creek, 16-41-10-(0.5),WS-IV;NSW,Jordan Lake/Cape Fear 03030002-0609 PROPERTY OWNER INFORMATION: Name: Signature Hwy 64, LLC Address: 530 Eugene Ct., Greensboro,NC 27401-2793 Phone No.: ( 336 )294-9199 Fax No.: ( ) Mobile No.: ( ) Email: development@signaturepropertygroup.com Frank Auman(Manager) 06/28/24 Property Owner(please print) Date JQJ Property Ow ature • Soil & Environmental Consultants, Inc. 8412 Falls of Neuse Road,Suite 104,Raleigh,NC 27615•Phone(919)846-5900•Fax(919)846-9467 sandec.com We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. "_ CQ WC LLJ , ( Z' CC Q i Q w U o Y a 1 kD z � De UAA664 k- irp�ark ~' 'o �300 f r f 300 �,U L 1, O Q- NC1C:enter�for Geographic Information& nalksis Project Number: Map Title: N 15278.W6 0 1,000 2,000 Project Manager: USGS Map I I I I I I I I I BZ 3913 HWY 64 W Feet Scale: 1 IV = 1000' Wake County, NC } Source: 201 g Soil & Environmental Consultants, PA Date: R412 Fe1b W N—Roed,Soil,104,R,Wigh,NC 27615•Phone:(919)846-5900•Fm:(919)646-9467 11/30/2022 New Hill & Green Level Quads ,..dace.. x •+ r lob CIC ti. II 8 CrB •� IsH2 fr CU GrB z 1N5B s f . . -- I GI rr ��j7-�I I 2 ec Ws co'? l G r B -_ SB f qr rC? Gr Project Number: Map Title: N 15278.W6 0 500 1,000 Project Manager: SOII Survey Map I I I I I I I I I BZ 3913 HWY 64 W Feet Scale: ill = 500' Wake County, NC Eqw- A ; } Source: Soil & Environmental Consultants, PA Date: 8412 Fx1l.o1'N,anc Road.Built 104,Rs1ei81i,NC 27615•Phum(919)846-5900•F..:(919)846-9467 11/30/2022 Soil Survey Sheet No. 64 d-- WATER RESOURCES DEPARTMENT December09 2022 Kevin Murphrpy, PVV5 Environmental Scientist Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls ofNeuse Road, Suite 104 Subject: Stream Buffer Determination Apex 22-014 3880US64VV Apex, NC Cape Fear River Basin DearK4r. K4urphrey, On December 8th, 2022, you met with Jimmy McClure at the subject site to evaluate seven (7) drainage features and determine if they are subject to the Town of Apex(Town) riparian buffer rules. Basedonthe information obtained during the evaluation and per the requirements set forth in Section 61.21 of the Town Unified Development Ordinance (UDO), | concur with the stream classifications as shown on the attached sketch dated October I1, 202Z. 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 the Division of Water Resources (DWR)or Delegated Local Authority in the Jordan Lake watershed may request a determination by the DWR Director. An appeal request must be made within sixty(60) days of 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 shall be referred to in writing c/o Paul Wojoski, DWR — 401 & Buffer Permitting Branch; 1617 Mail Service Center, Raleigh, NC 27699-1617. Otherwise the appeal procedure will be in accordance with UDO Section 6.1.11. If you dispute the Director's determination, you may file a petition for an administrative hearing. You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice of decision. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official State holidays. To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. A copy of the petition must also be served to the Department of Natural Resources,c/o Bill Lane,General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty(60)days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulator Field Office) at (919) 554-4884. If you have any questions, please do not hesitate to contact me at(919) 372-7470. Sincerely, Xmes Misciagno, CES, CPESC Stormwater Field Services Supervisor I i I I i r I F k TOWN OF APEX The Peak of Good Living t PO Box z o A ex, NC a oz i z oo www.a exnc.or ;; S P 75 I �9 9) 49-34 I P g PPEY Riparian Buffer Call im Z• �Q Application o z Pry C AR�� This application is required to be fully completed and submitted to Town staff prior to conducting a buffer call. Please submit the application package electronically to michoel.deaton@opexnc.org. PROPERTY INFORMATION Owner(s): Louveina Ann S. Goodwin Site Address: 3809 & 3805 US-64 Hwy W Watershed (Cape Fear or Neuse): Cape Fear CONSULTANT INFORMATION (If applicable) Name: S&EC- Kevin Murphrey Address: 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Email: kmurphrey@sandec.com Phone: 919-916-0201 REQUIRED INFORMATION Please place a checkmark in the spaces provided below to indicate that the required information has been provided with this submittal. Right of Entry Form ✓ Topo Map(most recent version) ✓ NCDEQ Stream Identification Forms ✓ 1970 Wake County Soil Survey Mal) ✓ Sketch Map ✓ Photos ✓ Latitude/Longitude ✓ NOTES SIGNATURE(Consultant or Responsible Party) By my signature below,1 certify that the information provided with this application is accurate and truthful. �P Date: 11/30/2022 Town of Apex Water Resources Department Revised 9/26/2018 RIGHT OF ENTRY AGREEMENT I hereby give permission to , its employees, agents, contractors, and subcontractors to enter the property described below for the purpose of conducting inspections with respect to the condition of the property as deemed necessary and desirable by the Town of Apex and making such surveys, engineering, topographical, geological, and other tests and measurements, and examinations, as well as the performance of an environmental audit of the property. This Right of Entry does not grant permission to enter any buildings or structures. The right of entry granted hereunder shall apply to my property located at, or more particularly described as follows: THAT CERTAIN TRACT OF LAND CONTAINING ACRES MORE OR LESS AND FOUND RECORDED IN DEED BOOK AT PAGE OF THE WAKE COUNTY REGISTRY AND FURTHER IDENTIFIED AS TAX PIN # -_- LOCATED IN TOWNSHIP, WAKE COUNTY, NORTH CAROLINA. THE PURPOSE OF THIS RIGHT OF ENTRY IS THE PERFORMANCE OF THE ABOVE LISTED TASKS IN CONJUNCTION WITH THE POSSIBLE WETLAND AND STREAM BUFFER DETERMINATIONS. Pin#'s: 0712749870, 0712842430 Date: 2 BY: (Owner) Record Owner: ,J Od Address: 6V #GV aV ' 3 Phone#: (919) �/2 Z 0 7 6 (Please enter a phone number) Owner: ou'V L' 141 C(J Cl 41/7 0�G1 Gv f l j Address: „ F D ex/ Ne a-is Date Representative i RIGHT OF ENTRY AGREEMENT I hereby give permission to FA Develop, its employees, agents, contractors, and subcontractors to enter the property described below for the purpose of conducting inspections with respect to the condition of the property as deemed necessary and desirable by the Town of Apex and making such surveys, engineering, topographical, geological, and other tests and measurements, and examinations, as well as the performance of an environmental audit of the property. This Right of Entry does not grant permission to enter any buildings or structures. i The right of entry granted hereunder shall apply to my property located at, or more particularly described as follows: THAT CERTAIN TRACT OF LAND CONTAINING 5.28 ACRES { MORE OR LESS AND FOUND RECORDED IN DEED BOOK 017693 AT PAGE 00551 OF I THE WAKE COUNTY REGISTRY AND FURTHER IDENTIFIED AS TAX PIN #0712747210 LOCATED IN Apex TOWNSHIP, WAKE COUNTY, NORTH CAROLINA. THE PURPOSE OF THIS RIGHT OF ENTRY IS THE PERFORMANCE OF THE ABOVE LISTED TASKS IN CONJUNCTION WITH THE POSSIBLE WETLAND AND STREAM BUFFER DETERMINATIONS. i Date: 420p<a BY: - (Owner Record Owner: Mabopane Foundation Address: 3913 U.S. Highway 64 West Apex,Wake County,North Carolina Phone#: (919) 362-8974 (Please enter a phone number) Owner: Mabopane Foundation Address: 3913 U.S. Highway 64 West Apex,Wake County,North Carolina Date Representative is i 7 fi3 \A I-V%-i FLegend dIIIIIIIII Potentially Jurisdictional Perennial Stream I\ If \ 1 \�i \ I / / - • '• • • 1` 1 \ \\ \ \ I / ) I I � 1\ \\\\ \\ \ \\ i - �����\ \ \\\\\\\�.\ \\ \�_.„rr rrr �� / ( 1 /�/`..:..-_-���•,.�1y; C3 Potentially Jurisdictional Pond Potentially Jurisdictional Wetland Potential 1 • of Apex Riparian �/ / /,.i rJ�J'r , -~rim Potential11 • of Apex Riparian Buffer : / i/r �,-` + / i I ~� r r it--•�\ �County Contours • • • t CH \ /./ i rr•`. / rim=�� r.l ' 1 \ ',` y1\\\\`'i', .. rrr/ r• / 1 1• I MEN r.�...,1'_,.•r /%ri///,/1 j 1, �/ ..-_yam;;\\ .- r�_�1..� �"iii'<� - �/�% ' ) I i I ! J • ®�ter, i`/� 1 1 1 / ! 1111/ l / r / / ! •• • -• • � r�~ '// / % rrr r j/// l r %l l ! ! v \ \I \ \ 1 I I I 'J 1 \ I \1 1 1\ \\\\\ �` !! /l /" 3- !I 1 6 r ! I I .• j / / i / r'� ram' r~-_--' r l l j I \ .�­lPr �n • •• • Title: N • SketchMap ProjectManager: SB 3809 US64 Hwy W Feet County,Scale: Wake Sc� 14 y,= "_,_; � 1, r ;• �A-�.�„��� --�• .y��_ ,� •_,_L " •7� 0<: I!� 1 V a44 , tz ✓ 4 y Pond 1f� 64 Lq V. ��•__NC Cen[er for Ge greet I' fem tl� `r�t8 AnElysi� Project Number: Map Title: N 15278.W5 Figure 1 - USGS Map 0 1,000 2,000 Project Manager: I I I I I I I I I SB 3913 HWY 64 W Feet Scale: Wake County, NC 1" = 1000' • Soil&Environmental Consultants, PA Date: Source: 2019 1 0/1 O/2 O 2 L R i12 pol.of\euo 0.wJ,Sui�c 1)1,Pnl¢i�,\C 2761 S•IYwn.(919)AIG�3900•Fa>(919)61G 9J6 New Hill & Green Level Quads 0a . ,. ' '■ Ib i `� _ •' . r ■ r �' r s� ,1%;b Iry It Je ;. Project •- 1 � // i11 Figure • • SB • .4 W Feet County, 10/10/2022 Soil Survey Sheet No 64 EC NC Division of Water Quality-Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.1 NC DWQ Stream Identification Form Version 4.1 A_SF2 Date: 05/23/2022 Project/Site: 3809 US-6 4 W Latitude:135.740370 Evaluator: S&EC- K. Murphrey County: Wake Longitude: -78.938670 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 23 Ephemeral Intermittent Perennial e.g.Quad Name: if Z 19 or perennial if�:30* A. Geomorphology (Subtotal = 10.5 1 Absent Weak Moderate Strong 1"Continuity of channel bed and bank 0 1 2 3 2.Sinuosity of channel along thalweg 0 1 2 3 3. In-channel structure:ex.riffle-pool,step-pool, 0 1 2 3 ripple-pool se uence 4.Particle size of stream substrate 0 1 2 3 5.Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9.Grade control 0 0.5 1 1.5 10.Natural valley 0 0.5 1 1.5 11.Second or greater order channel No=0 Yes=3 artificial di c es are not rated;see iscussions in manual B. Hydrology 7 12.Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14.Leaf litter 1.5 1 0.5 0 15.Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17.Soil-based evidence of high water table? No=0 Yes=3 C. Biology Subtotal = 5.5 ) 18.Fibrous roots in streambe 3 2 1 0 19.Rooted upland plants in streambed 3 2 1 0 20.Macrobenthos(note diversity and abundance) 0 1 2 3 21.Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23.Crayfish 0 0.5 1 1.5 24.Amphibians 0 0.5 1 1.5 25.Algae 0 0.5 1 1.5 26.Wetland plants in streambed FACW=0.75; OBL= 1.5 Other=0 *perennial streams may also be identified using other methods.See p.35 of manual. Notes: Sketch: f/S S ��c se►�7� NC Division of Water Quality-Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.1 NC DWQ Stream Identification Form Version 4.1 A_SF3 Date: 05/23/2022 Project/Site: 13809 US-6 4 W Latitude: 35.740075 Evaluator: S&EC- K. Murphrey county: Wake Longitude: -78.939061 Total Points: Stream Determination(circle one) Other Stream is at least intermittent 31 Ephemeral Intermittent Perennial e.g.Quad Name: if z 19 or perennial if z 30* A. Geomorphology (Subtotal= 17 Absent Weak Moderate Strong 1"Continuity of channel bed and bank 0 1 2 3 2.Sinuosity of channel along thalweg 0 1 2 3 3. In-channel structure:ex. riffle-pool,step-pool, 0 1 2 3 ripple-pool sequence 4. Particle size of stream substrate 0 1 2 3 5.Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9.Grade control 0 0.5 1 1.5 10, Natural valley 0 0.5 1 1.5 11. Second or greater order channel No=0 Yes=3 annicial oRches are not rated;see discussions in manual B. Hydrology 8.5 12.Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15.Sediment on plants or debris 0 0.5 1 1.5 16.Organic debris lines or piles 0 0.5 1 1.5 17.Soil-based evidence of high water table? No=0 Yes=3 C. Biology (Subtotal = 5.5 18.Fibrous roots in streambe 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20.Macrobenthos(note diversity and abundance) 0 1 2 3 21.Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24.Amphibians 0 0.5 1 1.5 25.Algae 0 0.5 1 1.5 26.Wetland plants in streambed FACW=0.75; OBL= 1.5 Other=0 *perennial streams may also be identified using other methods.See p.35 of manual. Notes: Sketch: �Jcsr'►- oV.a. NC Division of Water Quality-Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.1 NC DWQ Stream Identification Form Version 4.1 B_SF4 Date: 05/23/2022 Project/Site: 13809 US-64 W Latitude: 35.740644 Evaluator: S&EC- K. Murphrey County: Wake Longitude: -78.940959 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 19.5 Ephemeral Intermittent Perennial e.g.Quad Name: if z 19 or perennial if z 30' A. Geomorphology (Subtotal= Absent Weak Moderate Strong 1a,Continuity of channel bed and bank 0 1 2 3 2.Sinuosity of channel along thalweg 0 1 2 3 3. In-channel structure: ex.riffle-pool,step-pool, 0 1 2 3 ripple-pool sequence 4. Particle size of stream substrate 0 1 2 3 5.Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11.Second or greater order channel No=0 Yes=3 artificial oi c es are not rated;see discussions in manual B. Hydrology 6.5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15.Sediment on plants or debris 0 0.5 1 1.5 16.Organic debris lines or piles 0 0.5 1 1.5 17. Soil-based evidence of high water table? No=0 Yes=3 C. Biology (Subtotal = 5 ) 18. Fibrous roots in strearribed 3 2 1 0 19.Rooted upland plants in streambed 3 2 1 0 20.Macrobenthos(note diversity and abundance) 0 1 2 3 21.Aquatic Mollusks 0 1 2 3 22.Fish 0 0.5 1 1.5 23.Crayfish 0 0.5 1 1.5 24.Amphibians 0 0.5 1 1.5 25.Algae 0 0.5 1 1.5 26.Wetland plants in streambed FACW=0.75; OBL= 1.5 Other=0 'perennial streams may also be identified using other methods.See p.35 of manual. Notes: Sketch: Sj_7, 5 s`"ear en n lam. NC Division of Water Quality-Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.1 NC DWQ Stream Identification Form Version 4.1 B_SF5 Date: 05/23/2022 Project/site: 13809 US-6 4 W Latitude: 35.740122 Evaluator: S&EC- K. Murphrey County: Wake Longitude: -78.940454 Total Points: Stream Determination(circle one) Other Stream is at least intermittent 30 Ephemeral Intermittent Perennial e.g. Quad Name: if z 19 or perennial if z 30* A. Geomorphology (Subtotal = 16 Absent Weak Moderate Strong 1a,Continuity of channel bed and bank 0 1 2 3 2.Sinuosity of channel along thalweg 0 1 2 3 3. In-channel structure:ex. riffle-pool,step-pool, 0 1 2 3 ripple-pool sequence 4. Particle size of stream substrate 0 1 2 3 5.Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10.Natural valley 0 0.5 1 1.5 11.Second or greater order channel No=0 Yes=3 artificial di c es are not rated;see discussions in manna B. Hydrology 8.5 12.Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14.Leaf litter 1.5 1 0.5 0 15.Sediment on plants or debris 0 0.5 1 1.5 16.Organic debris lines or piles 0 0.5 1 1.5 17.Soil-based evidence of high water table? No=0 Yes=3 C. Biology (Subtotal= 5.5 ) 18.Fibrous roots in streambe 3 2 1 0 19.Rooted upland plants in streambed 3 2 1 0 20.Macrobenthos(note diversity and abundance) 0 1 2 3 21.Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24.Amphibians 0 0.5 1 1.5 25.Algae 0 0.5 1 1.5 26.Wetland plants in streambed FACW=0.75; OBL= 1.5 Other=0 *perennial streams may also be identified using other methods.See p.35 of manual. Notes: Sketch: e,r'�n h Inc v��_5 < ��� 1/yi �� ��aa NC Division of Water Quality-Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.1 NC DWQ Stream Identification Form Version 4.1 C_SF6 Date: 05/23/2022 Project/Site: 3809 US-6 4 W Latitude:135.7411401 Evaluator: S&EC- K. Murphrey County: Wake Longitude: -78.937334 Total Points: Stream Determination(circle one) Other Stream is at least intermittent 21.5 Ephemeral Intermittent Perennial e.g. Quad Name: if z 19 or perennial if z 30` A. Geomorphology (Subtotal= 9.5 Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In-channel structure:ex. riffle-pool,step-pool, 0 1 2 3 ripple-pool sequence 4. Particle size of stream substrate 0 1 2 3 5.Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10, Natural valley 0 0.5 1 1.5 11.Second or greater order channel No=0 Yes=3 artificial di c es are not rated;see discussions in manual B. Hydrology 6.5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14.Leaf litter 1.5 1 0.5 0 15.Sediment on plants or debris 0 0.5 1 1.5 16.Organic debris lines or piles 0 0.5 1 1.5 17.Soil-based evidence of high water table? No=0 Yes=3 C. Biology (Subtotal = 5.5 18. Fibrous roots in streambe 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20.Macrobenthos(note diversity and abundance) 0 1 2 3 21.Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23.Crayfish 0 0.5 1 1.5 24.Amphibians 0 0.5 1 1.5 25.Algae 0 0.5 1 1.5 26.Wetland plants in streambed FACW=0.75; OBL= 1.5 Other=0 `perennial streams may also be identified using other methods.See p.35 of manual. Notes: Sketch: el I cat [5 J � � NC Division of Water Quality-Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.1 NC DWQ Stream Identification Form Version 4.1 C SF7 Date: 05/23/2022 Project/Site: 3809 US-6 4 W Latitude: 35.740394 Evaluator: S&EC- K. Murphrey County: Wake Longitude: -78.938260 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 31 Ephemeral Intermittent Perennial e.g. Quad Name: if z 19 or perennial if>_30* A. Geomorphology (Subtotal = 7 Absent Weak Moderate Strong 18'Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In-channel structure:ex.riffle-pool,step-pool, 0 1 2 3 ripple-pool sequence 4. Particle size of stream substrate 0 1 2 3 5.Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11.Second or greater order channel No=0 Yes=3 artificial i c es are not rated;see discussions in manual B. Hydrology- 8.5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14.Leaf litter 1.5 1 0.5 0 15.Sediment on plants or debris 0 0.5 1 1.5 16.Organic debris lines or piles 0 0.5 1 1.5 17.Soil-based evidence of high water table? No=0 Yes=3 C. Biology Subtotal = 5.5 18. Fibrous roots in streambe 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos(note diversity and abundance) 0 1 2 3 21.Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24.Amphibians 0 0.5 1 1.5 25.Algae 0 0.5 1 1.5 26.Wetland plants in streambed FACW=0.75; OBL=1.5 Other=0 *perennial streams may also be identified using other methods.See p.35 of manual. Notes: Sketch: S�►Is = 'n7"er rhr eri� Ckq",A CSIF] #I% S'�c4a OGS )V E ►� -4-owar� C s F� �-w3 i�ADJ� NC Division of Water Quality-Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.1 NC DWQ Stream Identification Form Version 4.1 D_SF1 Date: 05/23/2022 Project/Site: 13809 US-6 4 W Latitude:135.7390951 Evaluator: S&EC- K. Murphrey County: Wake Longitude: -78.938738 Total Points: Stream Determination(circle one) Other Stream is at least intermittent 11.5 Ephemeral Intermittent Perennial e.g.Quad Name: if z 19 or perennial if>_30* A. Geomorphology (Subtotal= ©) Absent Weak Moderate Strong 1 a.Continuity of channel bed and bank 0 1 2 3 2.Sinuosity of channel along thalweg 0 1 2 3 3. In-channel structure:ex.riffle-pool,step-pool, 0 1 2 3 -ripple-pool sequence 4. Particle size of stream substrate 0 1 2 3 5.Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11.Second or greater order channel No=0 Yes=3 artificial dices are not rated;see aiscussions in manual B. Hydrology 1.5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15.Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17.Soil-based evidence of high water table? No=0 Yes=3 C. Biology Subtotal = 4 ) 18. Fibrous roots in streambe 3 2 1 0 19.Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos(note diversity and abundance) 0 1 2 3 21.Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23.Crayfish 0 0.5 1 1.5 24.Amphibians 0 0.5 1 1.5 25.Algae 0 0.5 1 1.5 26.Wetland plants in streambed FACW=0.75; OBL= 1.5 Other=0 *perennial streams may also be identified using other methods.See p.35 of manual. Notes: Sketch: SlI�J ItI��Y�'JI�C'r.� /_/_ '_)1Jb(:Ad-11 E E si S sw GO 90 120 150 1ri0 210 I I I I I I I I I I I I I I I I I I I l �+Y j to FI '. E tic, ��`-( ., /i •- IJ-�,,! /-' ! -".`- �r i ,�, >+i. � ` d}(2022,�1 Pam, N NE E SE p 0 60 90 120 150 t I I I 1 I I I I I I I • I I I I I I I I Q • i •P N�* y t 23 May20;2 1 k\3&\' •0 t t t270 O 35.7397180,-78.939900° ±219ft I� stay � yT�-j • t>'.f • � � Wit.: SF3 A Perennial F NW N NE 00 330 0 30 .0 •0 OO 35.7409300,-78.937732° ±114ft 'It Lf r:���.f i - ti i�� w ,_�4��T►`i i .fr��•1•.k k ?!`ti'+�^' �Y^ �t: s SF6_C_Int N NE E SE 30 0 30 li0 90 120 150 I I I I I I I I I I I I I I I I I i I :Jvi4i 4i t 23 May 2022, 1 NW N f E E S 330 0 30 60 90 120 I I I I I I I 1 I I I I I 1 I I I I I � i ri�, � 1 I , �vr3,y'i►�.r 1�! � / 23 May 2022, 12.01, Preliminary ORM Data Entry Fields for New Actions ACTION ID#: SAW- Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ✓❑ 1. Project Name [PCN Form A2a]: 3809 US 64 Hwy W 2. Work Type: '❑Private ❑Institutional ❑Government ❑Commercial 3. Project Description/Purpose [PCN Form B3d and B3e]: Unknown. 4. Property Owner/Applicant [PCN Form A3 or A4]: See Agent Authorization Form Attached 5. Agent/Consultant [PNC Form A5 —or ORM Consultant ID Number]: Soil & Environmental Consultants, P.A. - Kevin Murphrey 6. Related Action ID Number(s) [PCN Form B5b]: N/A 7. Project Location—Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 3809 US 64 HWY W APEX NC 27523-8452 35.740019, -78.937937 8. Project Location—Tax Parcel ID [PCN Form B 1 a]: 0712749870 9. Project Location—County [PCN Form A2b]: Wake 10. Project Location—Nearest Municipality or Town [PCN Form A2c]: Apex 11. Project Information—Nearest Waterbody [PCN Form 132a]: Reedy Branch 12. Watershed/ 8-Digit Hydrologic Unit Code [PCN Form 132c]: B Everett Jordan Lake-New Hope River/ n�n�nnn� Authorization: Section 10 ❑ Section 404 ✓❑ Section 10 and 404 ❑ Regulatory Action Type: ❑ Standard Permit ❑Pre-Application Request Nationwide Permit# ❑Unauthorized Activity Regional General Permit# ❑Compliance Jurisdictional Determination Request ❑No Permit Required Revised 20150602 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 08/31/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Kevin Murphrey-s412 Fails of Neuse Road, Raleigh NC 27615 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: N/A 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: Wake City: Apex Center coordinates of site (lat/long in degree decimal format): Lat.: 35.740019 Long.: -78.937937 Universal Transverse Mercator: 17S 686469 3957072 Name of nearest waterbody: Reedy Branch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Latitude Longitude Estimated amount Type of aquatic Geographic authority number (decimal (decimal of aquatic resource resource (i.e.,wetland to which the aquatic degrees) degrees) in review area vs. non-wetland resource "may be" (acreage and linear waters) subject (i.e., Section feet, if applicable) 404 or Section 10/404) See Attached ORM Table 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1)the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3)the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit)or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ❑■ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑■ U.S. Geological Survey map(s). Cite scale & quad name: 1"=1000'&2019 New Hill&Green Level Quads ❑m Natural Resources Conservation Service Soil Survey. Citation: Wake County Soil Survey Sheet 64 ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): 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. Signature and date of Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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. Jurisdictional Determination Request US Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination(JD) from the U.S. Army Corps of Engineers, Wilmington District(Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.LM.mil/Missions/Re ug latoiyPermitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE&CHARLOTTE REGULATORY WASHINGTON REGULATORY FIELD OFFICE FIELD OFFICES US Army Corps of Engineers US Army Corps of Engineers 2407 West Fifth Street 151 Patton Avenue,Room 208 Washington,North Carolina 27889 Asheville,North Carolina 28801-5006 General Number:(910)251-4610 General Number:(828)271-7980 Fax Number:(252)975-1399 Fax Number:(828)281-8120 WILMINGTON REGULATORY FIELD OFFICE RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers US Army Corps of Engineers 69 Darlington Avenue 3331 Heritage Trade Drive,Suite 105 Wilmington,North Carolina 28403 Wake Forest,North Carolina 27587 General Number:910-251-4633 General Number:(919)554-4884 Fax Number:(910)251-4025 Fax Number:(919)562-0421 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D—PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D -NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. Version:May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 3809 U S-64 W City, State: Apex, NC County: Wake Parcel Index Number(s) (PIN): 0712749870 B. REQUESTOR INFORMATION Name: Kevin Murphrev Mailing Address: 8412 Falls of Neuse Road Raleigh, NC 27615 Telephone Number: 919-916-0201 Electronic Mail Address: kmurphrey@sandec.com Select one: ❑ I am the current property owner. ✓❑ I am an Authorized Agent or Environmental Consultant' ❑ Interested Buyer or Under Contract to Purchase ❑ Other,please explain. C. PROPERTY OWNER INFORMATION Name: *See attached AAF's Mailing Address: Telephone Number: Electronic Mail Address: 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request(copy of Deed,County GIS/Parcel/Tax Record). Version:May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1,the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. *See Agent Authorization Form Attached Print Name Capacity: ❑ Owner ✓❑Authorized Agent' Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) 1 intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ✓❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a projector perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: 3 For NCDOT requests following the current NCDOT/USACE protocols,skip to Part E. a If there are multiple parcels owned by different parties,please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version:May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION(JD)TYPE (Select One) ❑ I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination(PJD)provides an indication that there may be "waters of the United States"or"navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed(33 C.F.R. 331.2); however, a PJD is "preliminary"in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination(AJD) is a determination that jurisdictional "waters of the United States"or"navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner,permit applicant, or other"affected party" (33 C.F.R. 331.2)who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. '❑ Size of Property or Review Area 35 acres. ✓❑ The property boundary(or review area boundary) is clearly physically marked on the site. Version:May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 35.740019 Longitude: -78.937937 ✓� A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than I Ix17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary, open water, relatively permanent water,pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non- jurisdictional upland features should be identified as Non-Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or"Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ Wetland and non-wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non-wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. ❑ Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled"Survey Standards for Jurisdictional Determinations"to ensure that the supplied map meets the necessary mapping standards.http://www.saw.usace.army.mil/Missions/Re ug latory-Permit- Pro gram/Jurisdiction/ Version:May 2017 Page 5 Jurisdictional Determination Request ❑ Completed appropriate Jurisdictional Determination form • PJDs,please complete a Preliminary Jurisdictional Determination Form'and include the Aquatic Resource Table • AJDs,please complete an Approved Jurisdictional Determination Form' ❑ Vicinity Map aAerial Photograph ❑ USGS Topographic Map ❑ Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan,previous delineation maps, LIDAR maps, FEMA floodplain maps) ❑ Landscape Photos (if taken) ❑ NCWAM and/or NCWAM Assessment Forms and Rating Sheets ❑ NC Division of Water Resources Stream Identification Forms ❑ Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/regulatoM/regdocs/JD/RGL 08-02_App_A_Prelim JD Form fillable.pdf ' Please see hqp://www.saw.usace.army.miIA4issions/Re ug latory-Permit-Program/Jurisdiction/ Principal Purpose:The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses:This information may be shared with the Department of Justice and other federal,state,and local government agencies,and the public,and may be made available as part of a public notice as required by federal law.Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination(AJD),which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure:Submission of requested information is voluntary;however,if information is not provided,the request for an AJD cannot be evaluated nor can an AJD be issued. Version:May 2017 Page 6 • Soil & Environmental Consultants, PA ti-11 I Al, �I Road,Sufic 104,Raleigh,N(_27(di•Phone f919i 846-YANI• I as 91" 846-94- 71 <midec.:;yin PROPERTY OWNER CERTIFICATION /AGENT AUTHORIZATION Project Name/Description: Apex 64 Apartments S&EC Project# Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington,NC 28403 Attn: Field Office: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions.This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s) (PIN): ID 0712747210 Site Address: 3913 U.S. Highway 64 West City, County, State: Apex,Wake County, North Carolina PROPERTY OWNER INFORMATION: Name: Mobopane Foundation Mailing Address: 3913 U.S. Highway 64 West Telephone Number: (919)362-8974 MabopaneFuondation Property Owner(please print) Date Property Owner Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. • Soil & Environmental Consultants, PA 8412 Fatly of Neme Road,Suile IN,Raleigh,NC 27615-Phone:(919)846-5900- Fax:(919)840-9407 sandec.coin PROPERTY OWNER CERTIFICATION/AGENT AUTHORIZATION Project Name/Description: Signature Apex Apartments S&EC Project# Date: The Department of the Army U.S.Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington,NC 28403 Attn: Field Office: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions.This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s)(P1N): 0712842430 & 0712749870 Site Address: 3809 & 3805 US 64 Hwy W City,County, State: Apex Wake, North Carolina PROPERTY OWNER INFORMATION: Name: Louvenia Ann S. Goodwin Mailing Address: 3809 US 64 Hwy W Apex NC 27523 Telephone Number: d-4 ,,�a�� 0 _ .� . m� _,ih �e r��'Q 1', _ )-o_L.Z. Property Owner(please print) D to [-0tcV-4 All lk. Property Owner Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. �I ,'` ^mot � � ` r/ r�' `.. �I 1�� /n ,�•_! �... i /�• `�� � •��_ � ` I r. Vi Is Oc 751 1 jI ` '! Pond 1 Io L i I L A ifs+ � _'_` ''. `� � ( � , , , � � ► I �o ; � rA -4c, %\ L. 's NC Center for Geographic Information&Analysis Project Number: Map Title: N 15278.W5 0 1,000 2,000 Project Manager: Figure 1 - USGS Map I I I I I I I I SB 3913 HWY 64 W Feet Scale: 1 1000' Wake County, NC " = • Soil& Environmental Consultants, PA Date: Source: 2019 10/10/2 0 2 2 8+12 FaW of\e,me Rutl Suitt 101.RJe�gh.\C 3MI3•Pl,ane(919)846-3900•Fu(919)bi69K7 New Hill & Green Level Quads ...., • �` Cf Cr� � CO , Pond 1 W $ w " C f C2 1 \V • G r •� sG2 •I r GrB �. WsB -<< Project Number: Map Title: N 15278.W5 Figure 2 - Soil Survey Map 0 400 800 Project Manager: I I I I I I I I SB 3913 HWY 64 W Feet Scale: Wake County, NC 1" = 400' • Date: Source: � Soil& En�'ironmental Consultants, PA 10/10/2022 Soil Survey Sheet No. 64 Ri 13 Fall.of\cur•Ru 1.Suit.IW RalnO,\C 37613•Phmt(919)&i6-57 q•Fa 919)&b 9N7 1 /—, Detailed Delineation of Waters of the US Legend \ \�\ \ \ I \�-i mapp,d _ Evaluation Area \\\\\\ \ \ \\C_'Z�:=Potentially Jurisdictional Perennial Streamft \ \\ \ \ \ \\ `� ricz5ZPo Potentially Jurisdictional Intermittent Stream C3 Potentially Jurisdictional Pond I Potentially • • • ,••'�I /' 'ram ���-_-%! k. � Potential 50'Town of Apex Riparian Buffer I I Nam_-�ri r Potential 1 00'Town of Apex Riparian Buffer County • • — ` --• ,. ♦ 'r♦%; '1 ' r III I 1 -�� _ 1 `! /���/ /� I I • • /� i' i i! III 1 _ It ; / / � ///! / !� /. r�' 'I v / / / ♦ / I I \ \ \� / � ♦ \ \\ �� \` \ \ \ ._,yam ♦ ♦ // ! ! 1 \ ♦ ♦ ♦ \ a / If j/ 1 � 1 P----�\`\`\\\`— ��=--ten � \�_�/ ♦♦i/ •� ,ice ! �I/�f /;f If . / - _� \ ► I I I \ 1 / I ProjectNumber: 15278.Wl � � 1 1 Wetland Map Project SB : 1 • US •4 Hwy W Feet County,Scale: 1 250' Wake S& -Soil �- EC 06/01/2022 Aerials from NC OneMap WETLAND DETERMINATION DATA SHEET— Eastern Mountains and Piedmont Region Project/Site: 3809 US-64 W City/County: Wake Sampling Date: 05/23/22 Applicant/Owner: Signature Development Group LLC State: NC Sampling Point: DP1 wet Investigator(s): S&EC-Kevin Murphrey Section,Township, Range: Durham Landform (hillside,terrace,etc.): Depression Local relief(concave,convex, none): Concave Slope(%): 0-2 Subregion(LRR or MLRA): LRR P, MLRA 136 Lat: 35.739118 Long:-78.939119 Datum: NAD 83 Soil Map Unit Name: Wy NWI classification: N/A Are climatic/hydrologic conditions on the site typical for this time of year? Yes X No (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS—Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes F-1 No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators(minimum of two required) Primary Indicators(minimum of one is required;check all that apply) —Surface Soil Cracks(136) _Surface Water(Al) _True Aquatic Plants(1314) _Sparsely Vegetated Concave Surface(138) —High Water Table(A2) —Hydrogen Sulfide Odor(C1) X Drainage Patterns(1310) _Saturation(A3) _Oxidized Rhizospheres on Living Roots(C3) _Moss Trim Lines(B16) —Water Marks(131) —Presence of Reduced Iron(C4) _Dry-Season Water Table(C2) _Sediment Deposits(132) _Recent Iron Reduction in Tilled Soils(C6) _Crayfish Burrows(C8) _Drift Deposits(63) _Thin Muck Surface(C7) _Saturation Visible on Aerial Imagery(C9) _Algal Mat or Crust(134) _Other(Explain in Remarks) _Stunted or Stressed Plants(D1) _Iron Deposits(65) —Geomorphic Position(D2) _Inundation Visible on Aerial Imagery(137) —Shallow Aquitard(D3) X Water-Stained Leaves(139) _Microtopographic Relief(D4) Aquatic Fauna(1313) X FAC-Neutral Test(D5) Field Observations: Surface Water Present? Yes No X Depth(inches): Water Table Present? Yes No X Depth(inches): Saturation Present? Yes No X Depth(inches): Wetland Hydrology Present? Yes No (includes capillary fringe) Describe Recorded Data(stream gauge, monitoring well,aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont—Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP1_wet Absolute Dominant Indicator Tree Stratum (Plot size: 30ft X 30ft ) %Cover Species? Status Dominance Test worksheet: 1. Acer rubrum 10 Yes FAC Number of Dominant Species 2. Liquidambar styraciflua 5 Yes FAC That Are OBL, FACW,or FAC: 7 (A) 3. Total Number of Dominant 4. Species Across All Strata: 7 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW,or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: 15 =Total Cover Total%Cover of: Multiply by: 50%of total cover: 8 20%of total cover: 3 OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15ft X 15ft ) FACW species x 2= 1. Vaccinium corymbosum 10 Yes FACW FAC species x 3= 2. FACU species x 4= 3. UPL species x 5= 4. Column Totals: (A) (B) 5. Prevalence Index =B/A= 6. Hydrophytic Vegetation Indicators: 7. _1 -Rapid Test for Hydrophytic Vegetation 8. X 2-Dominance Test is>50% 9. 3-Prevalence Index is 53.0' 10 =Total Cover 4-Morphological Adaptations'(Provide supporting 50%of total cover: 5 20%of total cover: 2 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5ft X 5ft ) -Problematic Hydrophytic Vegetation' (Explain) 1. Boehmeria cylindrica 10 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Microstegium vimineum 20 Yes FAC present, unless disturbed or problematic. 3. Definitions of Four Vegetation Strata: 4. Tree-Woody plants,excluding vines, 3 in. (7.6 cm)or 5. more in diameter at breast height(DBH), regardless of 6 height. 7. Sapling/Shrub-Woody plants,excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m)tall. 10. Herb-All herbaceous(non-woody)plants, regardless 11. of size,and woody plants less than 3.28 ft tall. 30 =Total Cover Woody Vine-All woody vines greater than 3.28 ft in 50%of total cover: 15 20%of total cover: 6 height. Woody Vine Stratum (Plot size: 30ft X 30ft ) 1. Vitis rotundifolia 10 Yes FAC 2. Smilax rotundifolia 10 Yes FAC 3. 4. 5. Hydrophytic 20 =Total Cover Vegetation 50%of total cover: 10 20%of total cover: 4 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont-Version 2.0 SOIL Sampling Point: DPI wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Types Loc2 Texture Remarks 0-20 10YR 4/2 85 2.5YR 4/4 15 C M Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators.. Indicators for Problematic Hydric Soils3: _Histosol(Al) _Polyvalue Below Surface(S8)(MLRA 147, 148) _2 cm Muck(A10)(MLRA 147) Histic Epipedon(A2) _Thin Dark Surface(S9)(MLRA 147, 148) _Coast Prairie Redox(A16) —Black Histic(A3) —Loamy Mucky Mineral(F1)(MLRA 136) (MLRA 147,148) —Hydrogen Sulfide(A4) Loamy Gleyed Matrix(F2) —Piedmont Floodplain Soils(F19) Stratified Layers(A5) Depleted Matrix(F3) (MLRA 136,147) _2 cm Muck(A10)(LRR N) _Redox Dark Surface(F6) —Red Parent Material(F21) —Depleted Below Dark Surface(A11) —Depleted Dark Surface(F7) (outside MLRA 127, 147, 148) _Thick Dark Surface(Al2) _Redox Depressions(F8) —Very Shallow Dark Surface(F22) —Sandy Mucky Mineral(S1) _Iron-Manganese Masses(F12)(LRR N, —Other(Explain in Remarks) _Sandy Gleyed Matrix(S4) MLRA 136) —Sandy Redox(S5) _Umbric Surface(F13)(MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix(S6) —Piedmont Floodplain Soils(F19)(MLRA 148) wetland hydrology must be present, Dark Surface(S7) Red Parent Material(F21)(MLRA 127,147, 148) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes E No Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils,Version 8.0,2016. US Army Corps of Engineers Eastern Mountains and Piedmont—Version 2.0 WETLAND DETERMINATION DATA SHEET— Eastern Mountains and Piedmont Region Project/Site: 3809 US-64 W City/County: Wake Sampling Date: 05/23/22 Applicant/Owner: Signature Development Group LLC State: NC Sampling Point: DP2_up Investigator(s): S&EC-Kevin Murphrey Section,Township, Range: Durham Landform (hillside,terrace,etc.): Hillslope Local relief(concave,convex, none): Convex Slope(%): 2-3 Subregion(LRR or MLRA): LRR P, MLRA 136 Lat: 35.739064 Long:-78.938642 Datum: NAD 83 Soil Map Unit Name: Wy NWI classification: N/A Are climatic/hydrologic conditions on the site typical for this time of year? Yes X No (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS—Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes Fx_1 No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators(minimum of two required) Primary Indicators(minimum of one is required;check all that apply) —Surface Soil Cracks(136) _Surface Water(Al) _True Aquatic Plants(1314) _Sparsely Vegetated Concave Surface(138) —High Water Table(A2) —Hydrogen Sulfide Odor(C1) —Drainage Patterns(1310) _Saturation(A3) _Oxidized Rhizospheres on Living Roots(C3) _Moss Trim Lines(B16) —Water Marks(131) —Presence of Reduced Iron(C4) _Dry-Season Water Table(C2) _Sediment Deposits(132) _Recent Iron Reduction in Tilled Soils(C6) _Crayfish Burrows(C8) _Drift Deposits(63) _Thin Muck Surface(C7) _Saturation Visible on Aerial Imagery(C9) _Algal Mat or Crust(134) _Other(Explain in Remarks) _Stunted or Stressed Plants(D1) _Iron Deposits(65) —Geomorphic Position(D2) _Inundation Visible on Aerial Imagery(137) —Shallow Aquitard(D3) —Water-Stained Leaves(139) _Microtopographic Relief(D4) Aquatic Fauna(1313) X FAC-Neutral Test(D5) Field Observations: Surface Water Present? Yes No X Depth(inches): Water Table Present? Yes No X Depth(inches): Saturation Present? Yes No X Depth(inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data(stream gauge, monitoring well,aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont—Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP2_up Absolute Dominant Indicator Tree Stratum (Plot size: 30ft X 30ft ) %Cover Species? Status Dominance Test worksheet: 1 Number of Dominant Species 2. Liquidambar styraciflua 5 Yes FAC That Are OBL, FACW,or FAC: 5 (A) 3. Total Number of Dominant 4. Species Across All Strata: 6 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW,or FAC: 83.3% (A/B) 7. Prevalence Index worksheet: 5 =Total Cover Total%Cover of: Multiply by: 50%of total cover: 3 20%of total cover: 1 OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15ft X 15ft ) FACW species x 2= 1. Ilex opaca 10 Yes FACU FAC species x 3= 2. FACU species x 4= 3. UPL species x 5= 4. Column Totals: (A) (B) 5. Prevalence Index =B/A= 6. Hydrophytic Vegetation Indicators: 7. _1 -Rapid Test for Hydrophytic Vegetation 8. X 2-Dominance Test is>50% 9. 3-Prevalence Index is 53.0' 10 =Total Cover 4-Morphological Adaptations'(Provide supporting 50%of total cover: 5 20%of total cover: 2 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5ft X 5ft ) -Problematic Hydrophytic Vegetation' (Explain) 1. Boehmeria cylindrica 10 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Microstegium vimineum 20 Yes FAC present, unless disturbed or problematic. 3. Definitions of Four Vegetation Strata: 4. Tree-Woody plants,excluding vines, 3 in. (7.6 cm)or 5. more in diameter at breast height(DBH), regardless of 6 height. 7. Sapling/Shrub-Woody plants,excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m)tall. 10. Herb-All herbaceous(non-woody)plants, regardless 11. of size,and woody plants less than 3.28 ft tall. 30 =Total Cover Woody Vine-All woody vines greater than 3.28 ft in 50%of total cover: 15 20%of total cover: 6 height. Woody Vine Stratum (Plot size: 30ft X 30ft ) 1. Vitis rotundifolia 10 Yes FAC 2. Smilax rotundifolia 10 Yes FAC 3. 4. 5. Hydrophytic 20 =Total Cover Vegetation 50%of total cover: 10 20%of total cover: 4 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont-Version 2.0 SOIL Sampling Point: DP2_up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Types Loc2 Texture Remarks 0-20 10YR 4/4 100 Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators.. Indicators for Problematic Hydric Soils3: _Histosol(Al) _Polyvalue Below Surface(S8)(MLRA 147, 148) _2 cm Muck(A10)(MLRA 147) Histic Epipedon(A2) _Thin Dark Surface(S9)(MLRA 147, 148) _Coast Prairie Redox(A16) —Black Histic(A3) —Loamy Mucky Mineral(F1)(MLRA 136) (MLRA 147,148) —Hydrogen Sulfide(A4) _Loamy Gleyed Matrix(F2) —Piedmont Floodplain Soils(F19) —Stratified Layers(A5) _Depleted Matrix(F3) (MLRA 136,147) _2 cm Muck(A10)(LRR N) _Redox Dark Surface(F6) —Red Parent Material(F21) —Depleted Below Dark Surface(A11) —Depleted Dark Surface(F7) (outside MLRA 127, 147, 148) _Thick Dark Surface(Al2) _Redox Depressions(F8) —Very Shallow Dark Surface(F22) —Sandy Mucky Mineral(S1) _Iron-Manganese Masses(F12)(LRR N, —Other(Explain in Remarks) _Sandy Gleyed Matrix(S4) MLRA 136) —Sandy Redox(S5) _Umbric Surface(F13)(MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix(S6) —Piedmont Floodplain Soils(F19)(MLRA 148) wetland hydrology must be present, Dark Surface(S7) Red Parent Material(F21)(MLRA 127,147, 148) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes No X Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils,Version 8.0,2016. US Army Corps of Engineers Eastern Mountains and Piedmont—Version 2.0 W 1, W4 APPROVED JURISDICTIONAL DETERMINATION FORM U.S.Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION(JD): B. DISTRICT OFFICE,FILE NAME,AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:NC County/parish/borough:Apex City:Apex Center coordinates of site(lat/long in degree decimal format): Lat.35.740677'Pick List,Long.-78.939177°Pick List. Universal Transverse Mercator: 17S 686469 3957072 Name of nearest waterbody:Reedy Branch Name of nearest Traditional Navigable Water(TNW)into which the aquatic resource flows:Deep River Name of watershed or Hydrologic Unit Code(HUC):03030003 ® 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): d Office(Desk)Determination. Date: ® Field Determination. Date(s):6/27/2022 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Pick List "navigable waters of the U.S."within Rivers and Harbors Act(RHA)jurisdiction(as defined by 33 CFR part 329)in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used,or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are no"waters of the U.S."within Clean Water Act(CWA)jurisdiction(as defined by 33 CFR part 328)in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S.in review area(check all that apply): ❑ TNWs,including territorial seas ❑ Wetlands adjacent to TNWs ❑ Relatively permanent waters'(RPWs)that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of 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 0.04 acres. Wetlands: acres. c.Limits(boundaries)of jurisdiction based on:Pick List Elevation of established OHWM(if known): 2. Non-regulated waters/wetlands(check if applicable):3 ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 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 III.A.1 and Section III.D.1.only;if the aquatic resource is a wetland adjacent to a TNW,complete Sections III.A.1 and 2 and Section IILD.1.;otherwise,see Section IILB below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. 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 III.D.2.If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation.Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial(and its adjacent wetlands if any)and a traditional navigable water,even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW,or a wetland directly abutting an RPW,a JD will require additional data to determine if the waterbody has a significant nexus with a TNW.If the tributary has adjacent wetlands,the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands.This significant nexus evaluation that combines,for analytical purposes,the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary,or its adjacent wetlands,or both.If the JD covers a tributary with adjacent wetlands,complete Section III.B.1 for the tributary,Section III.B.2 for any onsite wetlands,and Section III.B.3 for all wetlands adjacent to that tributary,both onsite and offsite.The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 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 Pick List 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: 'Note that the Instructional Guidebook contains additional information regarding swales,ditches,washes,and erosional features generally and in the and West. s 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 ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down,bent,or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other(list): ❑Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction(check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ 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 findings: ❑Other environmentally-sensitive species. Explain findings: ❑Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries.Explain: (b) General Flow Relationship with Non-TNW: Flow is:Pick List.Explain: Surface flow is:Pick List Characteristics: Subsurface flow:Pick List. 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 findings: ❑Other environmentally-sensitive species. Explain findings: ❑Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary(if any) All wetland(s)being considered in the cumulative analysis: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: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below,based on the tributary itself,then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands,where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below,based on the tributary in combination with all of its adjacent wetlands,then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW.Explain findings of presence or absence of significant nexus below,based on the tributary in combination with all of its adjacent wetlands,then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS.THE SUBJECT WATERS/WETLANDS ARE(CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑TNWs: linear feet width(ft),Or, acres. ❑Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional.Provide data and rationale indicating that tributary is perennial: ❑ Tributaries of TNW where tributaries have continuous flow"seasonally"(e.g.,typically three months each year)are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area(check all that apply): ❑ Tributary waters: linear feet width(ft). ❑ Other non-wetland waters: acres. Identify type(s)of waters: 3. Non-RPWss 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: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2,above.Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow"seasonally." Provide data indicating that tributary is seasonal in Section III.13 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 III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters,and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisdictional.Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule,the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from"waters of the U.S.,"or ❑ Demonstrate that water meets the criteria for one of the categories presented above(1-6),or ❑ Demonstrate that water is isolated with a nexus to commerce(see E below). 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):to ❑ 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. '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): ❑ 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:W1&W4 should not be considered jurisdictional due to its lack of a"Continuous surface connection". ❑ 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: acres. ❑ Other non-wetland waters: acres. List type of aquatic resource: ® Wetlands:0.04 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 name:1"=1000'&2019 NC Green Level&New Level Quad. ❑ USDA Natural Resources Conservation Service Soil Survey.Citation:Wake County Soil Survey Sheet 64. ❑ 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): 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: EXISTING WETLANDS : V 1 // � PONDS \� /// - EXISTING 1` § \\ ~\\ ��\ / �/ D� ✓ WETLANDS W-7 ��/I TOP CL CURB INLET \ mi \ \\\� / / ee( ti0� /AT SC TIC ELEV 302.46' IN IN:297.24' INV OUT:29].2]' TOP CL CURB INLET Q 11 T/C EL VB306.62' \\\= �� �P / INV OUT:296.70' I � SHEET INDEX 1 / ���/I / I/ l/ I // / �� EXISTING CONDITIONS 1 KEY MAP 2 ROAD IMPACT#1 3 CULVERT PROFILE 4 UTILITY IMPACT#2 5 / UTILITY IMPACT#3 6 \ \\ \ �eN�Rts����� \\ \\\1 N I \`I I/ TEMPORARY UTILITY IMPACT#4 7 lvp / z3�i J WETLAND IMPACT#5 8 \ \ � OFF-SITE GREENWAY IMPACT#6 9- 10 2 RJAGo� I \ / / // � ,_ _ a r �/./i,4% SHEET 1 /\ REV15ION5: ELEVATE 64 WEST CE GROUP EXISTING CONDITIONS 301 GLENWOOD AVE. SUITE 220 NORTH RALEIGH,NC 27603 200' 0 200' 400' PHONE.919-367-8790 1 FAX.-919-322-0032 APEX! NC SCALE: 1" = 200' z—_ ; �� � �__ _ OVERALL IMPACT SUMMARY ZONE 1 ROAD IMPACT 11,961 SF 0.275 AC ZONE 2 ROAD IMPACT 5,851 SF 0.134 AC \ ZONE 3 ROAD IMPACT 15,708 SF 0.361 AC PERM. STREAM IMPACT 483 SF 0.011 AC 166LF PERM. STREAM IMPACT NO LOSS 125 SF 0.003 AC EXISTING \ \ \ \ \ \ / - � � / WETLANDS s I \ \ \\ \ �\ \ / / ( %' J' " TEMP. STREAM IMPACT 80 SF 0.002 AC W-s 1 \VA \� / �// / / �, -EXISTING 24 LF 111) WETLANDS PERM. WETLAND IMPACT 10,299 SF 0.236 AC EXISTING ��\� ( � \v vAA \VA s �j �r / / I; W'S TEMP. WETLAND IMPACT 969 SF 0.022 AC WETLANDS I << \� I /� ZONE 1 IMPACT 1,322 SF 0.030 AC W-7 )` `)� \ GI / s / �I ZONE 2 IMPACT 3,770SF 0.087 AC TEMP. UTILITY STREAM IMPACT 46 SF 0.001 AC 111 � 22LF ZONE 2 GREENWAY IMPACT 62 SF 0.001 AC ZONE 3 GREENWAY IMPACT 13,285 SF 0.305 AC � \� ST1N�G / / 8 WM —$ YP) SITE DATA 0, F� ti / l / �) TOTAL SITE ACREAGE: 35.15 ACRES ZONING DISTRICT: PUD-CZ(#22CZ22) MUNICIPALITY: TOWN OF APEX WATERSHED: JORDAN LAKE, CAPE FEAR WATERSHED PROTECTION OVERLAY: PRIMARY FLOOD ZONE: FEMA PANEL NUMBER: 3720071200L, DATED:07/19/2022 PROPOSED USE: RESIDENTIAL&COMMERCIAL MIXED USE NOP+-JURI I T A \ UE-7 L C�KOWINUOUS I vSSUUREA�F�cQN EC1IgN./ VA SHEET 2 CE GROUP co REVISIONS: ELEVATE 64 WEST 301 GLENWOOD AVE. KEY MAP SUITE 220 NORTH i� RALEIGH,NC 27603 180' 0 180' 360' PHONE:919-367-8790 FAX:919-322-0032 A P EX, NC -- SCALE: 1" = 180' • T673 1 'ZONE 3 ROAD IMPACT •• 1 ` \� ZONE 2 ROAD IMPACT IMPACTPERMANENT STREAM IMPACT I mli PERMANENT STREAM NO LOSS IORARY STREAM IMPACT �► MEN nsz �. � 1 • III � �� �� �, ♦� /��. ���. \ �=A� ♦� \ I, 1 rrrr----rrr•' d...: R�'>� _ O. �� `.\ � ®�♦.♦♦♦♦♦����� �' � it •"I • - I I �� •--••••--/ . 1 ISM,;�`�:• `�� �♦•, ♦♦♦®�� �. r 1. ' r: �� •---••••-• \�.yam..� 1 ®�� ®�, •��� � ll • h mLN ...�/' p 1� ♦ I■ ELEVATE 64 WEST CE • i � �j..u•.. � � \ I� -I � ` ��.. Jam. I • GROUP 301 ••D SUITE / NORTH RALEIGHNC .0 1 1 1 :1 PHONE: •i FAX 919-322-0032 • , 1 VERTICAL DUCTILE IRON PIPE \ \ \ \ \ 1 \ I \ASSEMBLY i / - - - - A \ v�� V IMPACT TOTAL) \ \ 1 \ TEMPORARY ZONE 1 UTILITY IMPACT 1,322 SF 0.030 AC TEMPORARY ZONE 2 UTILITY IMPACT 1,073 SF 0.025 AC TEMPORARY UTILITY STREAM IMPACT 46 LF \ \ V A a \ \ \ \ \ TEMPORARY ZONE 2 I \ \ UTILITY IMPACT 166 SF/0.004 AC J J J J W€TL-AN6- ZONE 1 TEMPORARY UTILITY IMPACT MABOPANE /F U A DISTURBED \\ \ \ \ \V v w w w w LIMIT LINE(TYP) \ \ \ V A \ w w w w ZONE 2 TEMPORARY UTILITY IMPACT PIN:0712- 271 3 \ 30S \ DB�7�9 PG�5 1 I �� \\ \ \ \\ \\ ZONED B9�CZ SING L�F Iq \ \ z V A A \ \ \R, \ \ \ \ TEMPORARY UTILITY TEMPORARY ZONE I \ \ V A A STREAM IMPACT J \ UTILITY IMPACT \ \ v I m� 701 sF/0.016 AC J J TEMPORARY STREAM V A A 00,0 UTILITY IMPACT 22 LF 00, 0 l i J \ J TEMPORARY ZONE 2 46 SF/0.001 AC o — \ ( 406'UTILITY 01.009 AC `o �� � �� o o � \\ �300� o J \ 102 TEMPORARY ZONE 2 v J o J ) I 10 0 0 V A \� / UTILITY IMPACT 501 SF/0.012 AC / eJ I ) \ / a /TEMPORARY ZONE 1 ` UTILITY IMPACT NEW 30'TOWN OF APEX V — — / 621 SF/0.014 AC WATER MAIN EASEMENT / N / J I I SHEET 8 ico REVISIONS: ELEVATE 64 WEST CE GROUP 301 GLENWOOD AVE. OFF-SITE TEMPORARY UTILITY IMPACT #4 SUITE 220 NORTH RALEIGH,NC 27603 40' 0 40' 80, PHONE.919-367-8790 FAX 919-322-0032 1 APEX, NC SCALE: 1" = 40' M PACT TOTAL ZONE 2 IMPACT 613 SF 0.014 AC ZONE 3 IMPACT 7,764 SF 0.178 AC QX00 � �� _ ,�/ ✓� i / / / ZONE 3 IMPACT _ �`� 0 0 0 0 0 6,264 S F/0.144 AC 000000°0°i o 0 0 0 o°o°o°o°o ZONE 2 IMPACT NEW 30'TOWN OF APEX °o°o°o°o° SANITARY SEWER EASEMENT � / ZONE 3 IMPACT ZONE 2IMPACI 6° I e� l ZONE 3 GREENWAY IMPACT EXISTING STREAM ti / BANK(TYP) 613 SF/0.01 A I I �° DISTURBED LIMIT(TYP) ° / ZONE 3 GREENWAY IMPACT 6,957 SF/0.160 AC 11ri LIr M 1 11 y.� NEW 20'TOWN OF APEX 1III GREENWAY EASEMENT I ii ZONE 3 IMPACT 1,500 SFI0.034 AC 2 NEW WET 3 . 63POND B A X� MP SHEET 5 /\ REVISIONS: ELEVATE 64 WEST - CE GROUP 301 GLENWOODAVE. UTILITY / GREEN WAY IMPACT #2 SUITE 220 NORTH RALEIGH,NC 27603 40' 0 40' 80' PHONE:919-367-8790 - ' FAX:919-322-0032 APEX, NC - - SCALE. 1" =40' \ / \ 8"PVC RISER TOP ELEV:300.73' I M PACT TOTAL DOG PARK ZONE 2 IMPACT 1,684 SF 0.039 AC I \I l / i TEMPORARY WETLAND IMPACT 618 SF 0.014 AC DISTURBEDD I / LIMIT LINE(TYP)_ \���\ TEMPORARY WETLAND / 1 _ _ PERMANENT WETLAND IMPACT 293 SF 0.007 AC/ I ♦` \ IMPACT l - - 523 SF/0.012 AC �8"PVC IHROAITOF — \� 7— N I I PERMANENT VERTICA OyTLET P TOP ELEV. 91.83' - -- WETLAND / _ 93 SFI0.007' CT AC TEMPORARY WETLAND QN V IMPACT \ 95SF/0.002AC �� \ \ BOO. PERMANENT WETLAND IMPACT _ A V CLASS B RIP RAP New . CROSSING a°oho- o O SA TARYSEWER \ \ / , �. O O O p MAIN \ ZONE2IMPACT �° ° °00 0q°bob \ 5 ■ 000000000 1,684 SFI0.039 AC - - - - - - o 0 0 0 000000000 � ZONE 2 IMPACT � I ° ° ° °o 00000WETLAND o 00 0 _ / I gU� \ o0 III io EA o )�II f - - _ I \ NEW 30'TOWNOFAPEX , TEMPORARY WETLAND . • • I SANITARY SEWER / , ♦ IMPACT EASEMENT / / — S UNDISTURBED / — - AREA RCA Z , /+Ti- r,3)-- N `.It 1\ Cb 2 EXISTING STREAM \�<� BANK(TYP) / SHEET 6 /\CE GROUP REVISIONS: ELEVATE 64 WEST 301 GLENWOOD AVE. UTILITY I M PACT #3 SUITE 220 NORTH RALEIGH,NC 27603 40' 0 40' 80' PHONE:919-367-8790 FAX:919-322-0032 APEX, NC -- -- SCALE: 1" = 40' STA 9+50 TO STA 18+50 H: ill = 50' V: 1" = 5' 310 305 EXISTING qRADE 300 - - 295 / \ � \ 2' ETLAND 12" L 50 DIP WM CLA 3S B RIP RAP 290 6.T `P 8 C'350 D\P @ 28 41' 285 0 DIP @ 0.55% 0 0 0 0 0 0 0 280 p H H O M N ALL... CCD N CD J 2 O N V V W J O N J S M r W O F p II V N LLY O F II (p N Z W + W N I H Z t W N N Z W + W N H 2 ¢ O W Z = 2 ¢ W Z 2 ¢ O W Z c, N H > > N p - H cG > O M > > N G It U) w Z Z Z � V U) W Z N lf) � � Z Z L0 00 Lo N t--: O L) � (D) N O I- r7 (D) (D) 00 w cfl w I-� 00 0� 0� Oi C6 r( O O r7 c6 I-� oj m O 00 N N N N N N N N N N N N N N N N N N r'l N N 1 + 11+ 12+ 1 +00 14+00 SHEET 7 CE GROUP ico REV15iON5: ELEVATE 64 WEST 301 GLENWOOD AVE. UTILITY IMPACT #3 PROFILE SUITE 220 NORTH RALEIGH,NC 27603 40' 0 40' 80' PHONE.919-367-8790 FAX.•919-322-0032 APEX! NC SCALE: 1" = 40' VERTICAL DUCTILE IRON PIPE \ \ \ 1 \ I \ASSEMBLY i / - - - - A \ v�� V IMPACT TOTAL\ \ 1 ZONE 1 IMPACT 1,322 SF 0.030 AC \ ZONE 2 IMPACT 1,073 SF 0.025 AC I �\ � A A 1 A\ TEMPORARY UTILITY STREAM IMPACT46 SF 0.001 AC �� l \ V A 22 EXISTING 22LF �\\ � � \\ I STREAM BANK \ \ I �\ \ \ V A \ \ (TYP) a \ \ \ \ TEMPORARY ZONE 2 I \ UTILITY IMPACT 166 SF/0.004 AC I I W€TL-AN6- ZONE 1 I M PACT N/F DISTURBED \\ MABOPANE FQUI�A� N LIMIT LINE(TYP) A \ 1 v 3 \ v w w w w ZONE 2 IMPACT PIN:07�12- 271 \ 3ps \ DB�7�9 PG�5 1 ZOIN D B9,\CZ\ ( \ SING�L�F I Y \ \m v A v v TEMPORARY UTILITY \ ZONE 1 IMPACT \ \ v STREAM IMPACT 701 SF/0.016 AC rn rn TEMPORARY STREAM \ 0° UTILITY IMPACT 22 LF 0°° 0 ZONE 2 IMPACT 46 SF/0.001 AC off* 0000 — \ \ \ \ �300, \ \ 3\P 406 SF/0.009 AC ° 60 Z�z A -" � � \ � � 2 ZONE 2 IMPACT °° `�71 _ 501 SFI0.012 AC ;k l — \ ZONE 1 IMPACT ZO IM14 AC NEW 30'TOWN OF APEX \ / P WATER MAIN EASEMENT WATER MAIN INSTALLED MINIMUM 3'DEPTH- \ RESTORE CHANNEL TO ORIGINAL GRADER SHEET 8 ico REVISIONS: ELEVATE 64 WEST CE GROUP 301 GLENWOOD AVE. OFF-SITE TEMPORARY UTILITY IMPACT #4 SUITE 220 NORTH RALEIGH,NC 27603 40' 0 40' 80, PHONE.919-367-8790 FAX.919-322-0032 1 APEX, NC SCALE: 1" = 40' i DISTURBED / LIMIT LINE(TYP) IMPACT TOTAL PERMANENT WETLAND IMPACT 10,006 SF 0.230 AC TEMPORARY WETLAND IMPACT 351 SF 0.008 AC ZONE 2 IMPACT 400 SF 0.009 AC o \ \ / DISTURBED \ — J / //- - - - - - - - �- - - \ LIMIT LINE(TYP) \ 3C, I - PERMANENT WETLAND / IMPACT 10,006SF/0.230AC� ---- --- PERMANENT WETLAND IMPACT LL- - J / I_ - '/_ - - `• / / _ --\ _ LLLLLLLLLLL LLLLLLLLLLL' LLLLLLLtLtLtLtL TEMPORARY WETLAND ttttLLLLt IMPACT / / ` LLLLLLLLLLL 8"WM 8"✓JM ___ ±LLL LLLLLLLL LLL 8"RJ-WM , � L o°o°o°o°o °°°°°°°°° ZONE 2IMPACT 00000000 0 ZONE 2 IMPACT 400 SFI0.009 AC LL-L / \ TEMPORARY WETLAND IMPACT 351 SFI0.008 AC Oo EXISTING STREAM DISTURBED ti BANK(TYP) LIMIT LINE(TYP) / SHEET 9 /\ REVISIOIvs: ELEVATE 64 WEST CE GROUP 301 GLENWOOD AVE. WETLAND 1 M PACT #5 sulrE 220 30 o NORTH 30' 60' RALEIGH,NC 27603 PHONE:919-367-8790 FAX.919-322-0032 APEX! NC -- SCALE: 1" = 30' �✓ �� IIII \ C,o / > IIII \ N� I M PACT TOTAL IIII I ZONE 3 GREENWAY IMPACT 6,328 SF 0.145 AC \ ZONE 3 IMPACT 1,762 SF 0.040 AC Iz EXIS G 30'PUBLIC 6 4 GR NWAY EASEMEN I o / 019PG12 / ^ \ \ DISTU D / 2 OFF-SITE ZONE 3 GREENWAY IMPACT / J LIMIT / TOP CL SS L RIM ELEV:281. I' ,X1.44' S CLASS B/ / - OTTEECT'ION O� 1 ZONE 3 IMPACT OFF-SITE ZO E 3GEENWAY RIPgRI EXISTING 6,328 SF �MAPACT NBUFF STREAM � q BANK(TYP) / / / DIST BE / f I LIM EXI ING T�EELI� N/F _ DEER CREEK OWNERS N U �ER �/ / IM TU(TyP) ASSOCIATION INC. ; JOY RIP B / 1 PIN:0712-73-6559 E STING VAR/ABLE INfDTHI UNDISTURBED / DB 19016 PG 2557 1 / / �o / / TpA S�WER�ASEMfNT AFK(RCA4) / / M 2919 PIS 122 BM 2018 PG 1329 / I / ZONED PUD-CZ / /IATCH LINE HOA !! I I / PERENNI J / I STREA� SHEET 10 /\ REVISIONS: ELEVATE 64 WEST CE GROUP -SITE GREENWAY IMPACT #6 301 GLENWOOD AVE. OFF SUITE 220 RALEIGH,NC 27603 40' 0 NORTH 40' 80' 1 OF 2 PHONE:919-367-8790 FAX 919-322-0032 APEX! NC -- SCALE: 1" =40' RB DEER CREEK OWNERS N BU��ER �/ / IM TU(T(P) / ASSOCIATION INC. , 100'RIPA � PIN:0712-73-6559 I / / / arm ,'� / E STING VARIABLE WIDTH UNDISTABED / / DB 19016 PG 2557 r / �o / T A SEWER EASEMENT ARE�(RCA4) / BM 2018 PG 1329 �M 2919 PG 122 I / // / IMPACT TOTAL / ZONEHOA D-CZ ZONE 2 GREENWAY IMPACT 62 SF 0.001 AC '/lATCH LINE / I I I / / I // // ZONE 3 GREENWAY IMPACT see previous sheet ' T I f PERENNI / STREA STREAM BANK(TYP) '' / (� OFF-SITE ZONE 2 GREENWAY IMPACT \ / ( xis TING�ELINE 1 / -OP CL SSMH :IM ELEV: VV IN:27�% \IV OUT:270.17' ? I I I / ! / / OFF-SITE ZONE 3 GREENWAY IMPACT OFF-SITE Z NE 3 REENWA IMPA 328 SF/0. 45 AC , � I �! p� / I IISTURBED i j y� LIMIT(TYP) '! l co OFF-SI ZONE 2 i // / GREEN AY IMPA / / 62 SF/ 01 AC 71 1 � � EXI�f, ING 30' PUBLIC I / i GRE�WAY EASEMENT BM 2019 PG 123 I I a \ SHEET 1 1 /\ REVIsIONs: ELEVATE 64 WEST CE GROUP 301 GLENWOOD AVE. OFF-SITE GREENWAY IMPACT #6 SUITE 220 RALEIGH,NC 27603 40' 0 NORTH 40' 80' 2 OF 2 PHONE:919-367-8790 FAX 919-322-0032 APEX! NC -- SCALE: 1" =40' mt STATE R.z=•n ROY COOPER �y Governor _ ELIZABETH S.BISER Secretary, f+, MARC RECKTENWALD NORTH CAROLINA Director Environmental Quality July 24, 2024 Frank Auman Signature Hwy 64, LLC 530 Eugene Ct. Greensboro, NC 27401 Expiration of Acceptance: 1/24/2025 Project: Elevate 64 West County: Wake The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for a portion of the compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in-lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143- 214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the applicable 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies, available bank credit, and may exceed the impact amounts shown below. River Basin Impact Location Impact Type Impact Quantity 8-di it HUC Cape Fear 03030002 Riparian Wetland 0.472 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@deq.nc.gov. Sincerely, Aa�du� Kelly B. Williams In-Lieu Fee Program Coordinator cc: Emily McCarthy, agent North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 1652 Mail Service Center I Raleigh,North Carolina 27699-1652 , ,: i o.��„„•iai nai V 919.707.8976 Ores Environmental Banc& Exchange, LLC Stream and Wetland Banks Statement of Availability—Cape Fear 03030002 July 24, 2024 Signature Hwy 64, LLC Attn: Frank Auman 530 Eugene Court Greensboro, NC 27401 Re Project: Elevate 64 West This document confirms that the Signature Hwy 64, LLC (Applicant) for the Elevate 64 West (Project) has expressed an interest to utilize 0.046 Wetland Mitigation Credits from the EBX sponsored RES Cape Fear 02 Umbrella Mitigation Bank, specifically 0.046 Wetland credits from the Cloud and Banner Site, in the Cape Fear HUC 03030002. As the official Bank Sponsor, Environmental Banc& Exchange. LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant.A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1055 or astaley@res.us if you have any questions. Best Regards, Amy Staley Credit Sales Manager RES cc: Lyle Phillips, U.S. Army Corps of Engineers cc: Zachary Thomas, NCDEQ, Division of Water Resources cc: Emily McCarthy, Soil & Environmental Consultants, Inc. WILDLANDS IS HOLDINGS Cape Fear 02 Wetland Credits Statement of Availability July 24, 2024 Signature Hwy 64, LLC Attn: Frank Auman 530 Eugene Ct. Greensboro, NC 27401 RE: Availability of Stream Credits for the "Elevate 64 West" project Bank Name: Cape Fear 02 Umbrella Mitigation Bank: Flat Rock Mitigation Site&Twin Burros Mitigation Site Bank Sites: Flat Rock Mitigation Site Bank Sponsor: Wildlands Holdings VI, LLC USACE Action ID No.: SAW-2021-01309/SAW-2021-01308 Permittee: Signature Hwy 64, LLC Wetland Credits Needed:0.472 acres Wetland Credits Available:0.25 acres Cape Fear 03030002 River Basin Dear Mr.Auman, Wildlands Holdings VI, LLC, owned and operated by Wildlands Engineering, Inc., currently has wetland credits from the Cape Fear 02 Umbrella Mitigation Bank: Flat Rock Mitigation Site&Twin Burros Mitigation Site to partially satisfy the wetland mitigation requirements related to the above-mentioned project. The project is located within the Cape Fear River Basin of the service area (HUC 03030002) of the Bank. This letter is simply a statement of availability of credits as of the date written. It is neither a guarantee of future credit availability, nor a guarantee of credit pricing. Credits are sold on a first come,first serve basis at the Bank's price at the time an invoice is requested. Invoices reserve both the credits and the price for a period of 30 days. Final transfer of the credits will be made upon receipt of a copy of the US Army Corps of Engineers Compensatory Mitigation Responsibility Transfer Form approving the Stream and/or wetland mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings VI, LLC. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332- 7754 x114 or cbrunick@wildlandseng.com if you have any questions or need any additional information. Sincerely, Wildlands Holdings VI,LLC • Wildlands Engineering,Inc • 1430 South Mint Street,Suite 104,Charlotte,NC 28203 WILDLANDS HOLDINGS Camden M. Brunick Wildlands Engineering, Inc. Mitigation Credit Sales cbrunick@wildlandseng.com 0: (704) 332-7754 ext. 114 M: (919) 219-6162 Cc: Mr. Lyle Phillips, Regulatory Agent I USACE Mr. Zachary Thomas, Regulatory Agent I NCDWR Wildlands Holdings VI,LLC • Wildlands Engineering,Inc • 1430 South Mint Street,Suite 104,Charlotte,NC 28203 NCHPO HPOWEB r 1 � �� • Fa „y A • Ao was1� Aw WOW- t H0210 J B.A ills:HouseCH0210•J B N ills-House and F 198 r = and Farm 1990 y r !. ow - WAKE 4' .,♦ A+1078 Good*v n House a' � � / I 2 A. 1 11/18/2022, 11:20:48 AM 1:9,028 Surveyed Only individual resources & centerpoints DOE individual resources & centerpoints DOE districts & boundaries 0 0.07 0.15 0.3 mi Surveyed Only SL and DOE DOE 0 0.13 0.25 0.5 km • Surveyed Only, Gone SL individual resources & centerpoints 0 Counties (outline) DOE districts & boundaries A SL and DOE entry Source: Esri, USDA FSA Determined Eligible Boundary North Carolina State Historic Preservation Office Source:Esri,USDA FSA • Soil & Environmental Consultants, PA 8412 Falls of Neuse Road,Suite 104,Raleigh,NC 27615•Phone:(919) 846-5900• Fax: (919)846-9467 sandec.com To: U.S. Fish and Wildlife Service November 17,2023 Raleigh Field Office S&EC Project No: 15278.W6 P.O. Box 33726 Raleigh,NC 27636-3726 Re: Online Project Review Request,Elevate Apex,Apex—Wake County,North Carolina We have reviewed the referenced project using the USFWS North Carolina Field Office's online project review process and have followed all guidance and instructions in completing the review. We completed our review December 15,2022.USFWS provided concurrence for our determinations on January 13, 2023 and May 10,2023. Our proposed action consists of.A planned residential development that is proposing impacts to wetlands and streams.Additionally, a proposed sewer and greenway easement. The location of the project and the action area are identified on the enclosed maps. Elevate Apex(35.740819, -78.939663). The site is located south of Triangle Apex Hwy 64,Apex—Wake County,North Carolina. Construction will commence following the anticipated Section 404&401 Approvals and should be completed by the Nationwide Permit Expiration date of March 15,2026. This project review is needed under provisions of Section 7 of the Endangered Species Act(ESA), and per General Condition 18 of Nationwide Permit 29. The enclosed project review package provides the information about the species and critical habitat considered in our review. The species conclusions table included in the package identifies our determinations for the resources that may be affected by the project. For additional information,please contact Mason Montgomery at mmontgomery@sandec.com Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist,Wetlands Department Enclosures: 1. Project Request Review Package 6. FWS Official Species List 2. S&EC T&E Species Report 7. NHP Report 3. Vicinity Maps 8. FWS Species Conclusion Table 4. S&EC Photo Report 9. FWS Self-Certification Letter 5. Overall Site Plan • Soil & Environmental Consultants, PA S412 Falls of Neuse Road, Suite 104,Raleigh,NC 27615 • Phone: (919)846-5900•Fax: (919) 846-9467 sandec.com November 17, 2023 S&EC Project No.: 15278.W6 To: FA Develop, LLC Attn: Phillip Arrington 530 Eugene Ct Greensboro,NC 27401 Re: THREATENED & ENDANGERED SPECIES REPORT Elevate Apex (+/- 40 acres) South of Triangle Apex Hwy 64, Apex, Wake County,NC Mr. Arrington: On December 5, 2022, Soil & Environmental Consultants, PA (S&EC) evaluated the Elevate Apex property shown on the attached maps for potential endangered species. The property is located South of Triangle Apex Hwy 64 in Wake County,NC. Surface waters on-site flow into Beaver Creek in the Cape Fear River Basin,which has been classified in the"Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as WS-IV;NSW. We obtained the attached automatically generated official species list from the U.S. Fish&Wildlife Service(FWS) and N.C.Natural Heritage Program(NHP)report identifying the protected species on or within one mile of the project area that could potentially be affected by the project. These FWS &NHP reports were updated as of the date of this report. The official species list is valid for 90 days. We conducted site assessments to identify potential suitable habitat and preliminary surveys for the individual species listed on the official species list. This included assessing the physical characteristics of the streams, identifying forest types, and looking for evidence of the listed species on-site. This survey did not include any detailed sampling or netting. The results of the search are discussed below. Elevate Apex -S&EC Threatened&Endangered Species Report Page 1 of 5 November 17,2023 S&EC Project#15278.W6 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 • Atlantic Pigtoe (Fusconaia masoni), Threatened • Monarch Butterfly(Danaus plexippus), Candidate • Michaux's Sumac (Rhus michauxii), Endangered Of the species identified on the official species list, the NHP report did not identify any Federally threatened or endangered species within the project area or within one mile of the project area. Other State listed species were found within the project area as listed in the attached NHP report. The NHP report identified two natural areas and seven managed areas within the project area or within one mile of the project area. These are listed out in the attached NHP Report. TRICOLORED BAT (Perimyotis subflavus): S&EC personnel conducted preliminary surveys for suitable habitat and individual Tricolored Bat's within the project area. During our survey, we found no individual species. Relying upon the findings of the December 2021 Species Status Assessment(SSA) Report for the Tricolored Bat. S&EC identified recently vacant structures that had no evidence of the presence of the Tricolored Bat. S&EC did not identify any culverts on-site or within adjacent ROW large enough to be considered roosting habitat. 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. RED-COCKADED WOODPECKER(Picoides borealis): S&EC personnel conducted preliminary surveys of suitable habitat(foraging and cavity trees) and individual Red-cockaded Woodpeckers (RCWs) within the project area. We found no individual RCWs within the project area. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine forests)within the project area. The Loblolly pine stands on-site are too young (± 15 years old) to be Elevate Apex -S&EC Threatened &Endangered Species Report Page 2 of 5 November 17,2023 S&EC Project#15278.W6 considered suitable habitat. Given the lack of species present, and no presence of suitable habitat we concluded that the project would have "No effect" on RCWs. 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 not list any known elemental occurrence within the project area or within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate to high flowing water. While we did not specifically sample for the species, we also did 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. The perennial stream was+1-5 feet wide with medium baseflow and had a sandy gravel substrate. Additionally, the other streams on-site did not have suitable habitat. Due to these observations, we have concluded that the project would have "May affect, not likely to adversely affect"the Atlantic Pigtoe. USFWS concurred with this determination on January 13, 2023. 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. MICHAUX'S SUMAC Whys michauxii): S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited a known population of Michaux's sumac within Wake County prior to conducting our preliminary surveys. We found no individual Michaux's Sumac species within the project area. The NHP report did not list any known elemental occurrence within the project area. We found suitable habitat within the project areas to include primarily disturbed open areas along vacant paths, easements, and field Elevate Apex -S&EC Threatened &Endangered Species Report Page 3 of 5 November 17,2023 S&EC Project#15278.W6 edges. S&EC revisited the site on May 10, 2023. Since we did not find any Michaux's Sumac plants within the project area,we determined that the project would have "No effect" on Michaux's Sumac. USFWS concurred with the follow up survey on May 10, 2023. BALD EAGLE (Haliaeetus leucocenhalus): S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald Eagles within the project area. During our survey,we found no evidence of Bald Eagles or any nesting sites within the project area. The NHP report did not identify any known nests on-site or within one mile of the site. Given the lack of species present,we have concluded that the project is "Unlikely to disturb nesting bald eagles."We believe no Eagle Act Permit is required. 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). USFWS provided email concurrence for S&EC's determinations on January 13, 2023 and May 10, 2023. Sincerely, SOIL AND ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Elevate Apex -S&EC Threatened&Endangered Species Report Page 4 of 5 November 17,2023 S&EC Project#15278.W6 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.November 30,2022. 7. NHP Report:November 30,2022. 8. S&EC—FWS Species Conclusion Table.November 17,2023. 9. S&EC—FWS Self-Certification Letter.December 15,2022. References: -North Carolina Natural Heritage Program.2017.Biotics Database.Department of Environment and Natural Resources, Raleigh,North Carolina. -US Fish and Wildlife Service.Information for Planning and Consultation(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. 1993.Michaux's Sumac Recovery Plan.Atlanta,Georgia: U.S.Fish and Wildlife Service. 30pp. -U.S.Fish and Wildlife Service.2003.Recovery Plan for the Red-cockaded Woodpecker(Picoides borealis) Second Revision.Atlanta GA 316 pp. -U.S.Fish and Wildlife Service.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. Elevate Apex —S&EC Threatened&Endangered Species Report Page 5 of 5 Qj o CC cr- C�,' Q, UJ a z � Deck- i rpm 64 —� D /Qirpark \ 11 (D to � ,r 300 ��U 9 1 !t 04z-V J L �- NC1C:enter�for Geographic Information&A�alksis Project Number: Map Title: N 15278.W6 0 1,000 2,000 Project Manager: USGS Map I I I I I I I I I BZ 3913 HWY 64 W Feet Scale: 1 IV = 1000' Wake County, NC Source: 201 g Soil & Environmental Consultants, PA Date' x112Falhd\else RwLSuir104.Raligh\C27617•P6u ,(919)SibWW•Fu.(919)8-W' ' 11/30/2022 New Hill & Green Level Quads �- t .;F fC2 cll�E ,,, O r� w ' Cf$ 2 h� - _ 0102 WsB2 . G 03 C r13 2 ar - -4 a Crc Cr r Wsco'? 1 'IDS B 2 --_ Ca r`B r� GrC LA Project Number: Map Title: N 15278.W6 0 500 1,000 Project Manager: SOII Survey Map I I I I I I BZ 3913 HWY 64 W Feet Scale: 1 500' Wake County, NC " = Source: Soil & Environmental Consultants, PA Date: 9412 Falk f\eie.•R. k S—104.Rala'gh\C 27615-Vw (919)Si6-3900•Fac 1919)816-`1J�•' 11/30/2022 Soil Survey Sheet No. 64 .. .� Legend Evaluation Area Offsite Evaluation Area PINE FIELD RD CZ, Potentially Jurisdictional Perennial Stream c_Ao- Potentially Jurisdictional Intermittent Stream C3 Potentially Jurisdictional Pond Potentially Jurisdictional Wetland Photo 3 Potential 50'Town of Apex Riparian Buffer fti � • Potential 1 00'Town of Apex Riparian Buffers21 Photo 4 T US 64 HWY Way _ WY -F Photo 1 - US 64 H o * • O o O � 3 Photo 5 Photo 6 - - f • Photo 7 Photo .' f+, NC enter for Leo raphic Information Aroal sis Project Number: Map Title: N 15278.W6 0 300 600 Project Manager: Aerial Photo Map I I I I I I I I I BZ 3809 US 64 Hwy W Feet Scale: 1" = 300' Wake County, NC Soil& Environmental Consultants, PA Date: Source: 11/30/2022 Aerials from NC OneMap Ella Falhd Rwd Suir lW.Rald�]C 276U•Ph nv 19191 bi65900•Fac(919)8169 N.? 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I fr •y e 1 �,:,.7ii171 , t �i, �'KI •# ' F S .- - 1 > � � � 1, Y'-' +\v •C t ---- ELEVATE 64 WEST — �— / PD PAN EXHIBIT _--- _ - — - ---__—_ — — — — — — — --- APEX, A -- --- ---------� _ — — US HWY 64 — — — — W _ i / i November 28, 2022 --- — - w \ Ft}6 HT-VN —— w (W_l — — A Y _ C _ W W VW ` \ PROPOSED MULTI-FAMILY UNITS= 3392 UNITS _ ILU \ \ MAIN TRACT AREA= t35.83 AC ER W TYPE ABUFFOFFICE MIN.AREA=10.548 ACRES 100' WA EIRSHED:JORDAN LAKE/PRIMARY WATERSHED WETLAND w PROTECTION OVERLAY MULTI-FAMILY/HIGH �����\ v _ i DENSITY RESIDENTIAL LEGEND v / RETAIL/ EXISTING / / 1 I I I I APPROXIMATE RCA AREA \ �\\\\`1 )� /I\\ \ {SFFCCE POND TO I / \ \ \\ \ 1 ) I�IPIN:DV12742710 / REMAIN /I II I 1 \\ 11 M P�117€'3 POND51 \� I ��iT9,P J�� \ l N DB1-CZ i PIN m1 258� / APPROXIMATE GREENWRE TRAIL EXTENSION / I W �9 CLAR" EEGACy,��� / FROM EXISTING DEER CREEK SUBDIVISION PROPOSED WATER EXTENSION FROM RvBTAIL/, n ZONE RR28� DEER CREEK SUBDIVISIONVIA rEIW I QFP(CE� n Q OWNER ACQUIRED TFOA/PVBI ld I ( \ QI o:r//_ STORMWATER MANAGEMENT DEVICE/OPEN SPACE SEry1ENT/ / f�1" APPROXIMATE MULTI-FAMILY (HIGH DENSITY 0 / i / l RESIDENTIAL) AREA WETLAND PD��aoa5�' APPROXIMATE RETAIL/OFFICE AREA / / \ \ V v v - G�9,A�• / GAYLENE W.GOOD�W IN � �. ZONED / \ \\ PROPOSED PUBLIC CROSS ACCESS EASEMENT V PIN: 7 6559 �— // \\\PE C EK NERS\ i TERMITTANT / / / / s CIATI / /\�\ APPROXIMATE LOCATION OF MAJOR COLLECTOR AND \\\��5@k W6 Pc 2 7 \ \ // // �j� / ' . . LOCAL COLLECTOR ROADWAYS ---L2ROPSEE __ 3 V A \\\� DPvuDcz �//EpE�'�c;^%�. � 9yi. APPROXIMATE PUBLIC ROAD ACCESS PERENNIAL STREAM / / I MULTI-FAMILY/HIGH / I DENSITY iNson98 RESIDENTIAL cLdzCA .eu c p qeD zae70 *0P �XIMAdE ZONE R GkE TKHIL -�---- �Q"9iy CD RELOCATE NOTES: -0 w RELOCA E EXISTING P. 1) PLAN SHEET IS INTENDED FOR ILLUSTRATIVE USE ONLY AND IS SUBJECT TO CHANGE. LAWSONLNE / / / / \ -- 2) PER 2.3.4(F)(1)(F)(I)OF THE LIDO,THE PD PLAN FOR THE PUD-CZ SHALL DEMONSTRATE 5 / / / / / o WITHIN EXISTING 60 ` '1LC / / / , Q o \EASEMENT WITH A SAFE AND ADEQUATE ON-SITE TRANSPORTATION CIRCULATION SYSTEM.THE / / / / / a BMP&OPEN SPACE _� M-I \ � �i\ ADJACENT OWNER ON-SITE TRANSPORTATION CIRCULATION SHALL BE INTEGRATED WITH THE OFF-SITE = �1 PERMISSION)PE \ ) � TRANSPORTATION CIRCULATION SYSTEM OF THE TOWN.THE PD PLAN FOR PUD-CZ LOCAL CONNECTOR - SHALL BE CONSISTENT WITH THE APEX TRANSPORTATION PLAN AND THE TOWN OF / /� / / / / A/' PUBLIC 50'RAN \ APEX STANDARD SPECIFICATION AND STANDARD DETAILS AND SHOW REQUIRED / RIGHT-OF-WAY WIDTHS AND ROAD SECTIONS. 3) MAJOR COLLECTOR AND LOCAL CONNECTOR ROAD ALIGNMENT LOCATION WILL BE \ I / DETERMINED AT THE MAJOR SUBDIVISION PLAN STAGE WITH TOWN STAFF APPROVAL. 50'TYPE B BUFFE -_-__ - - / / V ANY SUBSTANTIAL CHANGES MAY REQUIRE TRANSPORTATION AMENDMENTS. "B_BlJFFb \ NO CONNECTION/ 4) SITE MUST MEET CURRENT TOWN WATER SYSTEM MASTER PLAN. MUST COORDINATE TO LAWSON // //. WITH PROJECT NEXT DOOR AND VERIFY WATER MAIN CONNECTIONS ADJACENT TO US LANE AT THIS //� 64. 1 PR P01SED S ITARY BEWEy2 TIME. / l EXTENSION W Hly EXp�ST Q A \ PIN: 1ga8428s ( — / 1�1/ 'r \ \\ SEAGROVE3 FAMI�V,LLC \ ( ( ( / / I I I / f� TOA SANITAR �E E \ D ROVES PG.2028 1� �ASEw1EN1 B 201I9 P 122-12 \ v� zoNEDRR 100' NORTH 200' SCALE:1-100' CE GROUP PRELIMINARY DESIGN 3o1cLRa EIGHNC27SUITE zzO NOT RELEASED PHONE:919-367-8790 / I � FOR CONSTRUCTION www.cegroupinc.com License#C-1739 �ENt Ot nfuf►N u,W i Qpe' � Fa mn-► United States Department of the Interior FISH AND WILDLIFE SERVICE 4j4Rc"' �w> Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh,NC 27636-3726 Phone: (919)856-4520 Fax: (919)856-4556 In Reply Refer To: November 30, 2022 Project Code: 2023-0019989 Project Name: Elevate Apex Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended(16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally-listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species'presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information.An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 11/30/2022 2 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts)that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act(42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act(ESA), there are additional responsibilities under the Migratory Bird Treaty Act(MBTA) and the Bald and Golden Eagle Protection Act(BGEPA)to protect native birds from project-related impacts.Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.govibirds/policies-and-regulations/ executive-orders/e0-13186.php. 11/30/2022 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List • Migratory Birds 11/30/2022 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 11/30/2022 2 Project Summary Project Code: 2023-0019989 Project Name: Elevate Apex Project Type: Residential Construction Project Description: This project is located in Wake County, NC and is approximately 40 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/(a)35.740502,-78.93829696474936,14z r 11' r � I Y O T a ti Ur c, ��kv - i t L�yam fj - ^-�•'�fld r Counties: Wake County, North Carolina 11/30/2022 3 Endangered Species Act Species There is a total of 5 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 Fisheries1, 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:httpss://ecos.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 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Threatened There is final critical habitat for this species.Your location does not overlap the critical habitat. Species profile:https:Hecos.fws.gov/ecp/species/5164 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/9743 11/30/2022 4 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/5217 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 11/30/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act!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 below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location.To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern(BCC)in this area,but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 25 and Alaska. Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 20 and Alaska. 11/30/2022 2 BREEDING NAME SEASON King Rail Rallus elegans Breeds May 1 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Sep 5 and Alaska. https://ecos.fws.gov/ecp/species/8936 Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions elsewhere (BCRs)in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.)A taller bar indicates a higher probability of species presence. The survey effort(see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated?The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 11/30/2022 3 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season I survey effort —no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Ea Non-BCCe 11111111 pill Jill 11111+1+ 11+' 1+11 +11111111+111111 Vulnerable J�� ���� Chimney Swift BCC Rangewide ++++ ++++ , I I I I'll 110, +"+ "++ ++++ ++++ (CON) — Kentucky Warbler BCC Rangewide ■++++ ++++ ++++ +++ I I I 1 1 I 1 + + ++++ ++++ ++++ ++++ (CON) L-_ ____ __ King Rail BCC Rangewide I III 1 11, ++,1 ++++ IIII IN 1111 pill '+++ ++++ ++++ ++++ (CON) Prairie Warbler ++++ ++++ ++++ ,+,� _�ll '1' ���+ ++++ ++++ ++++ ++++ ++++ 11/30/2022 4 BCC Rangewide (CON) Prothonotary Warbler ++++ ++++ +++* 0011 Noll 1111 IN++ +++1 +1++ ++++ ++++ ++++ BCC Rangewide (CON) Red-headed 11111'1111111�11111111111111111111'1111111111111 Woodpecker BCC Rangewide ——— --- (CON)Rusty Blackbird I I I I I +++Tyy ++++ ++++ ++++ ++++ .... .... .... . +++ ++++ BCC-BCR Wood Thrush I ' I I I I -+++ +" " 1111" " Jill ++++ ++,+ 4-1 1 1 1 1 1 1 BCC Rangewide (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library—/ collections/avoiding-and-minimizing-incidental-take-migratory-birds ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area.When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network(AKN). The AKN data is based on a growing collection of survey, banding_, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s)which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act 11/30/2022 5 requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator(RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network(AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding,wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC)that are of concern throughout their range anywhere within the USA(including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non-BCC -Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or(for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects 11/30/2022 6 For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review.Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s)that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar).A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 11/30/2022 7 IPaC User Contact Information Agency: Soil &Environmental Consultants, PA Name: Mason Montgomery Address: 8412 Falls of Neuse Road Address Line 2: Suite 104 City: Raleigh State: NC Zip: 27615 Email mmontgomery@sandec.com Phone: 7047732837 Roy Cooper,Governor a ■■■ ■■ v NC DEPARTMENT OF D.Reid Wilson,Secretary ■■�■i NATURAL AND CULTURAL RESOURCES ■ ■■■ Misty Buchanan Deputy Director,Natural Heritage Program NCNHDE-20113 November 30, 2022 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Elevate Apex; 15278 Dear Robert Zarzecki: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is found within the project area or is indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httl2s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally- listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butler(a)ncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program UcOAi IMi:N i QF NAi URAL ANU LULTURAL kLSiQokLES Q 121 W JONES STREET,RALEIGH.NC 27603 • 1651 MAIL SERVICE CENTER.RALEIGH.NC 27699 ® OFC 919 707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Elevate Apex Project No. 15278 November 30, 2022 NCNHDE-20113 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank �l Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very --- Significantly G5 S2? Damselfly Low Rare Natural 16862 Floodplain Pool --- 2013 B 2-High --- --- G3 S2 Community Natural 31606 Floodplain Pool --- 2012 B? 2-High --- --- G3 S2 Community Natural 13189 Mesic Mixed Hardwood--- 2013 C 2-High --- --- G3G4 S4 Community Forest (Piedmont Subtype) Natural 29962 Piedmont Alluvial --- 2013 C 2-High --- --- G4 S4 Community Forest Natural 22580 Piedmont Bottomland --- 2013 B 2-High --- --- G2? S2 Community Forest (Typic Low Subtype) Natural 22579 Piedmont/Mountain --- 2010 A 3-Medium --- --- G4G5 S4 Community Semipermanent Impoundment (Open Water Subtype) Natural 30612 Piedmont/Mountain --- 2010 A 2-High --- --- G4? S4 Community Semipermanent Impoundment (Piedmont Marsh Subtype) Natural Areas Documented Within a One-mile Radius of the Project Area Site Nam Representational Rating = Collective Rating Beaver Creek Floodplain R5 (General) C5 (General) White Oak Creek Floodplain R2 (Very High) C4 (Moderate) Page 2 of 4 Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name wn B. Everett Jordan Dam and Lake US Army Corps of Engineers Federal Wake County Greenway - American Tobacco Trail Wake County Local Government Wake County Greenway - American Tobacco Trail Wake County Local Government Wake County Greenway - American Tobacco Trail Wake County Local Government Wake County Greenway - American Tobacco Trail Wake County Local Government Beaver Creek Floodplain Registered Heritage Area NC DNCR, Natural Heritage Program State White Oak Creek Floodplain Registered Heritage NC DNCR, Natural Heritage Program State Area Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.orq/help. Data query generated on November 30,2022;source: NCNHP, Q3, October 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 NCNHDE-20113: Elevate Apex s I 75i 1 wy`N L�1 �343/t a E,4 E / US t9hw `/ / o / oy� 1 tova9e i0 \l �a I �Q 1 - v i 1 = Olrye C N / �1 G / ! ` .28 0.55 1.1 Miles S � November 30, 2022 NHP Natural Area (NHNA) Managed Area (MAREA) Buffered Pro Sources Esn.Airbus DS USGS NGA NASA CGIAR.N Robinson.NCEAS I_ . S, N ect Boundsry NLS O AI A, Geodataslyrelsen, Rykswaterslaat. GSA Geo>and FERIA, Intermap and the GIS user community Project Boundary Sources Esn, HERE, Gar— FAO NOAA. USGS. ® OpenStreetMap J y contributors and the GIS User Community Page 4 of 4 Species Conclusions Table Project Name: Elevate Apex Date: November 17, 2023 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) species not present existence of the species S&EC staff on December 5, 2022. Red-cockaded Woodpecker No suitable habitat present No effect Preliminary habitat survey completed by (Picoides borealis) S&EC staff on December 5, 2022. Atlantic Pigtoe No suitable habitat present May affect, not likely to adversely affect Preliminary habitat survey completed by (Fusconaia masons) S&EC staff on December 5, 2022. Michaux's Sumac Suitable habitat present No effect Preliminary habitat survey completed by (Rhus michauxii) species not present S&EC staff on May 10, 2023. Bald Eagle Unlikely to disturb nesting No Eagle Act permit required Preliminary habitat survey completed by (Haliaeetus leucocephalus) Bald Eagles S&EC staff on December 5, 2022. Critical Habitat No critical habitat present No effect 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, PA November 17, 2023 Signature/Title Date QpP�MENT OF rho, I ISs&vi�r-s y 20 United States Department of the Interior FISH AND WILDLIFE SERVICE 4RON 3.%6 aF. Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: Self-Certification Letter ProjectName3809 US 64 Hwy w 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 project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended(ESA), and the Bald and Golden Eagle Protection Act(16 U.S.C. 668-668c, 54 Stat. 250), as amended(Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or❑ proposed/designated critical habitat; and/or ❑ "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh@fws.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