20190812 Ver 1_More Info Received_20191031

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02*10n of Water R"Ourc"
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Charge only if needed.
BIMS # Assigned
20190812
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Stephanie Goss:eads\szgoss
Information for Initial Review
1a. Name of project:
Oak Park Subdivision
1a. Who is the Primary Contact?*
Lauren Norris-Fieflin
1 b. Primary Contact Email:*
[e-mail]
Date Submitted
10/31/2019
Nearest Body of Water
unnamed tributary of Swift Creek, nearest Stream Index#27-48-(8)
Basin
Meuse
Water Classification
C; NSW
Site Coordinates
Latitude: Longitude:
35.651743-78.593095
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable vters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (NWP)
r- Regional General Permit (RGP)
r- Standard (IP)
Version# *
1
Reviewing Office*
Raleigh Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]

1c. Has the NWP or GP number been verified by the Corps?
r' Yes r No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular r 401 Water Quality Certification - E)press
r Non-404 Jurisdictional General Permit ,P Riparian Buffer Authorization
r Individual Permit
le. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification: r- Yes r No
For the record only for Corps Permit: r- Yes r No
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r- No
19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
10.01.19 Oak Park SD Acceptance Letter.pdf 79.55KB
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r- Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner FI Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r- No
2. Owner Information
2a. Name(s) on recorded deed:
Oak Park Developers, LLC
2b. Deed book and page no.:
Deed book 017299, page 02276
2c. Responsible party:
Oak Park Developers, LLC
2d.Address
Street Address
1401 Aversboro Road
Address Line 2
Suite 206
City
State / Rovince / Fbgion
Garner
NC
Postal / Zip Code
Country
27529
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
......... ......... .........
3a. Name:

Douglas Ball
3b. Business Name:
3c.Address
Street Address
1401 Aversboro Road
Address Line 2
Suite 206
City
State / Prwinoe / legion
Garner
NC
Postal / Zip Code
Country
27529
USA
3d. Telephone Number:
3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Lauren Norris -Heflin
4b. Business Name:
Timmons Group
4c.Address
Street Address
5410 Trinity Road
Address Line 2
Suite 102
City
State / Province I Region
Raleigh
NC
Postal / Zip Code
(buntry
27607
USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
2017-12-01 Signed Agent Authorization. pdf
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
Oak Park
1c. Nearest municipality/town:
Garner
2. Project Identification
2a. Property Identification Number:
2b. Property size:
1629024188
47.63
2c. Project Address
Street Address
0 New Bethel Church Road
Address line 2
City
State / Province / Region
Garner
NC
Postal / Zip Cade
Country
27529
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
102.19KB

unnamed tributary of Swift Creek, nearest Stream Index#27-48-(8)
3b. Water Resources Classification of nearest receiving water:*
Q NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011004
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The project site for this permit application encompasses approximately 38.44 acres and is located southeast of the intersection of the Clifford Road and New Bethel Church Road in
Garner, North Carolina within Wake County. The project site consists of Phase 2 and 4 of a larger approximately 97.91-acre development area (phases 1 and 3 have no impacts to
Waters of the U.S. or associated buffers). Phases 2 and 4, the project site, are located entirely within a Wake County parcel identified as 1629024188 which is 47.63-acres. For the
purposes of this review however, the project site is referred to as the aforementioned 38.44-acre area comprising Phases 2 and 4. The project site is currently occupied by mixed
hardwood -pine forest. The project area is bounded to the north and east by forested and residential land, to the south by forested land, and to the west by low density residential land
associated with Phases 1 and 3. Land use within the vicinity of the project site consists of low density residential, institutional, and undeveloped areas.
Three unnamed tributaries to Swift Creek are located within the western, northeastern, and southern portions of the project site. The project site is located within the %use River Basin
(HUC 030202011004) and within the Mahlers Creek — Swift Creek sub -watershed. The project site drains to Swift Creek, which has a DWR Stream Classification of Class C and NSW.
According to FEMA Flood Insurance Rate Maps 3720162900J and 3720161900J (issued May 2, 2006), the site is located within Zone X areas located outside of the 100-year
floodplain.
A wetland delineation was conducted by Angler Environmental in 2015 and an on -site jurisdictional determination was conducted by David Schaeffer — USACE representative on
December 29, 2015 (USACE Action Id: SAW-2015-02534). A %use River Buffer Determination was issued on February 2, 2016 by DWR (NBRRO# 15-516).
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Figure 1 - VIC.pdf
758.62KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Figure 5 - NRCS.pdf 587.64KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.017
4g. List the total estimated linear feet of all existing streams on the property:
3,910
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct an affordable and family friendly residential subdivision with community cohesion and the necessary amenities within the southern
section of the Town of Garner, designed to provide housing to the southeastern section of Wake County, North Carolina.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed project (38.44-acres) is part of a larger development (97.91-acres) consisting of single family lots and amenities in addition to roadway and utility improvements. Three
(3) road crossings (Crossings 1, 2, and 3) and 2 (2) utility crossings (Buffer Impact Adjacent to Crossing 3 and Open Cut Water Main Impact) associated with the residential
development are required in order to connect Phases 2 and 4 to the remaining portions of the development. The attached Impact Maps include the specific details of proposed
construction, impact areas, and includes tables summarizing disturbance amounts.
Installation of Reinforced Concrete Pipes (RCPs) at the three road crossings will be countersunk underneath the road to maintain the hydrologic connection between the up -gradient
and down -gradient portion of the streams. The Road Crossing Impact "Crossing 1" will have dual 72-inch RCP culverts, and the culvert outfalls are designed with an energy dissipater
pad constructed of class 2 riprap. Both Road Crossing Impact "Crossing 2" and "Crossing 3" are designed with an energy dissipater pad constructed of Class 1 riprap, and will utilize a
54-inch RCP culvert and a 48-inch RCP culvert, respectively.
The Utility Crossing Impact adjacent to "Crossing 3" will involve clearing for directional boring within portions of buffer Zone 2. No impacts will occur within the associated stream or buffer
Zone 1 as the utility line will be bored beneath these areas, avoiding any aboveground disturbance.
The second Utility Crossing Impact identified as "Open Cut Water Main" will involve clearing and temporary ground disturbance within portions of Zone 1, Zone 2, and a perennial stream
for the installation of a water main associated with the project (10-ft vide easement). Directional boring within this location is not feasible due to the steep slopes which would make
access and use of the necessary equipment impractical and unsafe.
The proposed pipe orientations are as close to the existing stream alignment as possible with the least amount of environmental impacts. Due to how the existing stream alignment
meanders, realigning the culverts in a way different to the proposed design would create additional environmental impacts. Dissipator pads are shown at the crossings to help
minimize/eliminate any potential erosion concerns.
All work will be conducted in accordance with all local state and federal regulations. No BMPs are required for the proposed project. Please see the attached project plans. Traditional
equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers.
4j. Please upload project drawings for the proposed project.
Oak Park Impact Maps 2019-10-02.pdf 2.74MB
CDs - Oak Park Phases 2 & 4 - 2019-10-10.pdf 54.84MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No C Unknown

Comments:
A PFO wetland, a perennial stream, and three intermittent stream segments were delineated Wthin
the project site.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
O Preliminary C Approved r Not Verified r Unknown r WA
Corps AID Number:
SAW-2015-02534
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Angler Environmental
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE PJD issued by David Shaeffer on December 29, 2015. A Neuse River Buffer Determination was issued by Danny Smith of DWR on February 2, 2016 (NBRRO# 15-516). A copy
of the PJD was unable to be obtained from Angler Environmental.
5d1. Jurisdictional determination upload
DWR Buffer Determination. pdf 1.53MB
6. Future Project Plans
6a. Is this a phased project?*
O Yes r No
7b. If yes, explain.
The project site consists of Phases 2 and 4 of a larger development, consisting of 4 total phases. Based on the wetland, stream, and buffer boundaries verified during the USACE PJD
and NCDWR Neuse River Buffer Verification, Phases 1 and 3 were determined to have no impacts to Waters of the U.S. and associated buffers. Therefore, development commenced on
the entirely upland Phases 1 and 3. Development of Phases 2 and 4 are pending completion of this PCN. A map depicting all overall project phases is attached under Miscellaneous
below ("20190927 OakPark Lot -Phasing".
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No.
D. Proposed Impacts Inventory �^
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
F Wetlands W Streams -tributaries ® Buffers
F Open Waters r Pond Construction
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name*
3e. Stream Type *
3f. Type of
3g. S. width*
3h. Impact
F
M
Jurisdiction*
length*
St
Stream Crossing #1
g
Permanent
Other
Unnamed Tributary of Swift
rY
Perennial
Both
7
100
Creek
Average (feet)
(Irefeet)
S2
Stream Crossing #2
9
Permanent
Other
Unnamed Tributary of Swift
rY
Intermittent
Both
7
91
Creek
Average (feet)
(Irfeet)
S3
Stream Crossing #3
g
Permanent
Other
Unnamed Tributary of Swift
rY
Intermittent
Both
7
85
Creek
Average (feet)
(Gr�rfeet)
S4
Stream Crossing #1
g
Tem ora
P rY
Other
unnamed Tributary of Swift
ry
Perennial
Both
7
91
Creek
Averal7e (fee[)
(Gr�ear feet)
S5
Stream Crossing #2
Temporary
Other
Unnamed Tributary of Swift
Intermittent
Both
7
63
Creek
Average (feet)
(lir:ear feet)
S6
Stream Crossing #3
Temporary
Other
Unnamed Tributary of Swift
Intermittent
Both
7
56
Creek
Average (feet)
(tir�rfeet)
$7
Open Cut Water Main
Te�Other
Tributary of Swift
��UnnamedBoth
7
10
Creek
Aver�e(feet)
(Xnear fed)
31. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
276
31. Total temporary stream impacts:
220
3i. Total stream and ditch impacts:

496
3j. Comments:
Permanent disturbance in the vicinity of the three road crossings will be associated with the installation a culvert along each stream segment. Culvert
details, including the plan and profile, for each road crossing are included in the attached site plans (see attached Impact Maps, Sheets C2.1 through
C4.2). Temporary disturbance in the vicinity of the three road crossings will be associated with installation of dissipator pads.
Temporary disturbance at the Open Cut Water Main is associated with the manual placement of an underground waterline, which will be reburied with
the natural stream substrate/sediment.
See Impact Maps for additional details. Details on each Road Crossing impact provided on Sheets C2.1 through C4.2. Section 3, 4i includes a more
detailed description of culvert sizes.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
(heck all that apply.
m Neuse ❑ Tar -Pamlico
❑ Catawba ❑ Randleman
❑ Goose Creek ❑ Jordan Lake
❑ Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Crossing #1 Culvert Fill
P
Unnamed Tributary of Swift Creek
No
4,293
2,582
Crossing #1 Bank Stabilization
P
Unnamed Tributary of Swift Creek
No
4,196
3,003
Crossing #2, Culvert fill
P 11
Unnamed Tributary of Swift Creek
No
4,973
2,725
Grassing #2, Bank stabilization
P
Unnamed Tributary of Swift Creek
No
3,102
1,028
Grassing #3, Culvert fill
P
Unnamed Tributary of Swift Creek
No
4,397
2,724
Grassing #3, Bank stabilization
P
Unnamed Tributary of Swift Creek
No
2,333 11
1,287
Crossing #1 Riprap
T
Unnamed Tributary of Swift Creek
No
1,200
0
Crossing #1, Construction Access
T
Unnamed Tributary of Swift Creek
No
2,332 11
1,151
Crossing #2, Riprap
T
Unnamed Tributary of Swift Creek
No
485
0
Crossing #2, Construction access
T
Unnamed Tributary of Swift Creek
No
1,805
953
Crossing #3, Riprap
T
Unnamed Tributary of Swift Creek
No
286
0
Crossing #3, Construction access
T
Unnamed Tributary of Swift Creek
No
1,901
1,008
Crossing #3, Sanitary sewer
T
Unnamed Tributary of Swift Creek
No
0
1,633
Water Main Zone, Open Cut
T
Unnamed Tributary of Swift Creek
No
704
494
6h. Total buffer impacts:
Total Temporary impacts:
Total Permanent impacts:
Total combined buffer impacts:
Zone 1 Zone 2
8,713.00 5,239.00
Zone 1 Zone 2
23,294.00 13,349.00
Zone 1 Zone 2
32,007.00 18,588.00
6i. Comments:
Permanent disturbance in the vicinity of the three road crossings will be associated with the construction of a road, sidewalk, and adjacent managed
vegetated right-of-way.
Temporary disturbance in the vicinity of the proposed utility near crossing #3 will be associated with direct boring of an underground utility line.
Temporary disturbance in the vicinity of the Water Main Zone will associated with the manual open cut and placement of an underground water main.
See Impact Maps for additional details. Details of specific impacts for road crossings 1 through 3 is provided on pages C2.1 through C4.2.
Supporting Documentation
Oak Park Impact Maps 2019-10-02.pdf 2.74MB
E. Impact Justification and Mitigation

1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning,
including the utilization of the wetland and stream delineation to adjust the project layout in order to avoid and minimize impacts. The proposed stream
and associated buffer impacts are the result of the necessary infrastructure and facility layout, without which the project's goals would not be realized.
The strearrdbuffer impacts at Crossing #1 are required to connect the project to the larger development.
Strearr✓buffer impact Crossing #2 are required to gain access to the southern section of the project site as this section is surrounded by undeveloped
forested land and there are no other existing road for it to connect to.
Strearn/buffer impacts at Crossing #3 are required to gain access to the northeastern section of the project site, as an additional entryway from New
Bethel Church Road would be located significantly closer than the NCDOT and Garner intersection spacing requirements for safe stopping distances
and required connectivity (potentially causing a traffic hazard if constructed).
Additional Zone 2 buffer impacts at Crossing #3 are required for construction of an underground sanitary sewer easement, due to elevation
requirements preventing the utility line beneath the proposed road, which would render the utility line ineffective. The Utility Crossing will involve
clearing for directional boring within portions of buffer Zone 2. Impacts to the stream and Zone 1 will be avoided as the utility line will be bored beneath
these areas, avoiding any aboveground disturbance.
Temporary Impacts at the Water Main Zone to the perennial stream, a portion of Zone 1, and a portion of Zone 2 are required due to the steep slope
of the area, which prevents the safe use of the equipment required for directional boring. Upon completion of the temporary impacts, the streambed
will be restored to pre -project elevations and widths using natural streambed material. The trench will be backfilled with the excavated natural
streambed material to a depth of at least 12-inches or bottom depth of impacted area is shallower. Stream banks will be restored to pre -project grade
and contours. Disturbed portions of Zone 1 and Zone 2 will be seeded and stabilized immediately following disturbance.
The location of the proposed road crossings have been minimized impacts to the maximum extent practicable by aligning the crossing as close to 90
degrees as possible. In addition, utilities (i.e. water) and sidewalks have been aligned adjacent and parallel to the proposed road crossings. Dissipater
pads associated with the culverts will be installed flush with the existing grade of the stream bed to allowfor aquatic life passage.
The proposed pipe orientation is as close to the existing stream alignment as possible with the least amount of environmental impacts. Due to how the
existing stream alignment meanders, realigning the culverts will create additional environmental impacts. Dissipator pads are shown at the crossing to
help minimize/eliminate any potential erosion concerns.
Access to the adjoining properties to the east and south were unavailable as they are owned by other entities. Therefore, alternative access routes
could not be obtained and Crossings #2 and #3 were required.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper land use control measures will be utilized during all phases of construction and will be in compliance with applicable regulations. All work will
take place during dry conditions and can be facilitated from upland, non -jurisdictional, stable ground. Measures will be taken to prevent oil, tar, trash,
debris, and other pollutants from entering the adjacent jurisdictional streams and buffer areas. Any excess excavated materials not utilized as backfill
will be placed and contained within upland areas and
permanently stabilized to prevent erosion into adjacent jurisdictional streams and buffer areas. Therefore, stockpiling of excavated material within
jurisdictional areas will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional
streams and buffers will be carried to completion in an expeditious manner to minimize the period of disturbance within the jurisdictional streams.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
O Yes
O No
2c. If yes, mitigation is required by (check all that apply):
❑ DWR
Fj Corps
2d. If yes, which mitigation option(s) will be used for this project?
❑ Mitigation bank R Payment to in -lieu fee rl Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
r: Yes r No
4b. Stream mitigation requested:
(linear feet)
276
4d. Buffer mitigation requested (DWR only):
(square feet)
VA
4f. Non -riparian wetland mitigation requested:
(acres)
N/A
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
N/A
4g. Coastal (tidal) wetland mitigation requested:
(acres)
N/A
Timmons Group contacted three mitigation banks associated with the project Ht1C (RES, Wildlands, and Restoration Systems), however, none of the
banks had available stream mitigation. Therefore, a Letter of Acceptance was obtained from the NC DEQ Department of Mitigation Services for the
required mitigation.
The proposed Neuse River Buffer Impacts are either exempt or allowable use activities. Therefore, buffer impact mitigation is not required.

F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
,* Other SCM that removes minimum 30 % nitrogen
r Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
Oak Park CDs - Diffuse Flow Sheets.pdf 5.25MB
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
The proposed development has been evaluated to ensure that the proposed site development will meet or exceed the intent of the Town of Garner's stormwater requirements for
stormwater quality and control. Due to the geographical location of the proposed development, the site must meet nitrogen runoff requirements. Based on the current design, and the
fact that the site is limited to 30 % impervious, the nitrogen runoff requirements can be met via a buydown and there will be no need to install water quality measures for treatment. In
addition, the site was evaluated to determine if, due to location within the watershed, detention would be beneficial or detrimental to downstream flooding. As per an analysis of
stormwater detention, it was determined that detention would not be beneficial to this project and would result in adverse impacts downstream; therefore, detention facilities are not
included in the proposed project.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15ANCAC 2B.0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The entire project is a single and complete project with appropriate land use control measures in place for specific areas which require them.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Waste water Will be directed into an existing treatment facility operated by the Town of Garner. Project is going through normal municipal review
processes to confirm designed adequately for available capacity.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No

5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r- Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r- Yes r No
Sh. Does this project involve the construction/installation of a wind turbine(s)?'
r Yes r No
r Unknown
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r- Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program and IPaC databases were used to determine whether or not any federally protected species have been known to
occur within the project limits. An aquatic species survey report was prepared by Three Oaks Engineering for Timmons Group to determine the
presence of any federally protected aquatic species within the project limits. The Aquatics Survey determined the project would "not likely adversely
affect" protected species, and Kathy Matthews of the USFWS informally concurred with that determination on 9/26/19.
Consultation Documentation Upload
NC NHP Report.pdf 1004.38KB
Official IPaC.pdf 241.44KB
Oak Park Freshwater Mussel Surveys Final Report Submitted Sept 25 2019.pdf 997.57KB
09.26.19_KM to LNH_Aquatics Conf..pdf 119.93KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC SHPO online resources map and site files review at the Office of State Archaeology
7c. Historic or Prehistoric Information Upload
Oak Park -New Bethel —Cultural Resources 06132019.pdf 669.1 KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
According to FEMA Flood Insurance Rate Maps 3720162900J and 3720161900J (issued May 2, 2006), the site is located within Zone X areas located
outside of the 100-year floodplain.
Miscellaneous
Comments
This application is a re -submittal of a previous PCN submitted on 06/14/19. Per USACE request, the previous consultation was closed out in order to confirm potential to impact
protected aquatic species in addition to finalizing plan revisions. As requested, this new PCN application is being submitted with the requested Impact Map changes, Aquatic Species
Investigation, and Mitigation Acceptance Letter.
Miscellaneous attachments not previously requested.
20190927 OakPark Lot-Phasing.pdf 1.44MB
Figure 2 - HUC.pdf 2.26MB
Figure 3 - EIM.pdf 1.95MB
Figure 4 - Parcel.pdf 1.19MB
Signature

m By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Lauren Norris-l-leflin
Signature
Date
10/31/2019

ROY COOPER NORTH CAROLINA
cav9nor EnvirNMOdd Qual ty
NCHAEL S. REGAN secretary October 1, 2019
MM BAUMGARTNER
Dbector
Douglas Ball
1401 Aversboro Road, Suite 206
Garner, NC 27529
Project: Oak Park SD
Expiration of Acceptance: 4/1/2020
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 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 issued 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 and may exceed the
impact amounts shown below.
River Basin
Neuse
Location Impact Type Impact Quantity
it HUC] +
03020201 1 Warm Stream
276
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 and
15A NCAC 02B .0295 as applicable. 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 WilliaT§_"J_2L707-8915.
cc: Robin Perez, agent
Sincerely,
B Stanfill
Q N
Supervisor
North Carolina Department of Lnviraronental Quality I Division of Mitigation Services
217 W. Jones Street 11657 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

TIMMONS GROUP
YOUR VISION AtHIEYE39 THROUGH OURS,
PROPERTY OWNER CERTIFICATION FORM
All Blanks to be Filled in by_Current Landowner
The Department of the Army NCDENR — Division of Water Resources
US Army Corps of Engineers 401 & Buffer Permitting Unit
Wilmington District 1650 Mail Service Center
PO Box 1890 Raleigh, NC 27699-1650
Wilmington, NC 28402-1890
To Whom It May Concern:
1, the undersigned, current property owner designate and authorize representatives of Timmons Group,
Inc., to act on my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc., from this day forward.
This the I day of a-e_ t-- , 20_t_?.
(number) (Month) (Year)
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) 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 notification supersedes any previous correspondence concerning the agent for this project.
Project Name: Oak Park Subdivision,• Project 4: 37500 Location: Town of Garner, NC
Property Owner's Name (Print):
Property Owner's
Property Owner's Mailing Address: 1401 Aversboro Road Suite 206• Garner NC 27529
Property Owner's Telephone:-919-772-3929 Fax No.
Property Owner's Email
Address: dou las ballcom anies.com
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TIMMONS GROUP
YOUR VISION ACHMVED:THROUGH OURS,
AGENT AUTHORIZATION FORM
All Blanks to be Filled in by Applicant
(When Applicant has property/properties under contract to
purchase front duly authorized owner of record)
The Department of the Army
US Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402-1890
To Whom It May Concern:
NCDENR — Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
I, the applicant, hereby designate and authorize representatives of Timmons Group, Inc., to act on my
behalf as my agent in the processing of permit applications, to furnish upon request supplemental
information in support of applications, etc., from this day forward.
This the �- day of j) Ce,%, - 20L?_.
(number) (Month) (Year)
1, the undersigned applicant, with written authorization from 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) 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 notification supersedes any previous correspondence concerning the agent for this project.
Project Name: Oak Park Subdivision: Project #: 37500 Location: Town of Garner. North Carolina
Property Applicant's Name (Print): Oak P c-A�e LLC
Property Applicant's Signature:
Property Applicant's Mailing Address: 1401 Aversboro Road, Suite 206, Gamer — NC 27529
Property Applicant's Telephone: [phone] Fax No.
Property Applicant's Email Address: douglas&ballcompanies.eom
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FIGURE 1: VICINITY MAP YOUR VISION ACHIEVED THROUGH OURS.
TIMMONS GROUP JOB NUMBER:37500 U.S.G.S. QUADRANGLE(S):GARNER
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OAK PARK SUBDIVISION
T I M M O N S GROUP
WAKE COUNTY, NORTH CAROLINA
FIGURE 4: PARCEL MAP
YOUR VISION ACHIEVED THROUGH OURS.
TIMMONS GROUP JOB NUMBER:37500
U.S.G.S. QUADRANGLE(S):GARNER
PROJECT STUDY LIMITS:38.5 ACRES
DATE(S):2016
LATITUDE:35.651669
WATERSHED(S):NEUSE (UPPER NEUSE RIVER BASIN)
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CULTURAL RESOURCES BACKGROUND STUDY - OAK PARK SUBDIVISION,
GARNER, WAKE COUNTY, NORTH CAROLINA
Timmons Group, Inc. is preparing a background study for a proposed residential development known as
Oak Park Subdivision. The project site encompasses approximately 38.5 acres and is located opposite of
the intersection of the Clifford Road and New Bethel Church Road in Garner, North Carolina within Wake
County. The project site consists of Phases 2 and 4 of a larger approximately 97.9-acre project area (phases
1 and 3 have no impacts to Waters of the U.S. or buffers). The project site is currently occupied by mixed
hardwood -pine forest. The project area is bounded to the north and east by forested and residential land, to
the south by forested land, and to the west by low density residential land associated with Phases 1 and 3.
Land use within the vicinity of the project site consists of low density residential, institutional, and
undeveloped areas. The purpose of the proposed project is to construct an affordable and family friendly
residential subdivision with community cohesion and the necessary amenities within the southern section
of the Town of Garner, designed to provide housing to the southeastern section of Wake County, North
Carolina.
A Timmons Group Secretary of Interior qualified archaeologist conducted a review of the cultural resources
database at the North Carolina Office of State Archeology (OSA) on June 4, 2019. The proposed project
area of potential effects (APE) extended one mile from the project's area of direct effects. No previous
archaeological survey has included the APE and no archaeological sites have been previously identified
within the APE. Research at the OSA indicates that there are 11 previously recorded prehistoric
archaeologic sites within a one -mile radius of the project area (Table 1). None of these resources have been
evaluated by the OSA for eligibility for listing in the National Register of Historic Places (NRHP). Aerial
photographs (NETR and Google Earth, accessed 6/9/2019) indicate that the area has been used for
agriculture up until early 2018 when grading and cutting associated with building construction along the
western one-third of the project area took place. The USGS Web Soil Survey (accessed 06/9/2019) defines
the majority of soils in the APE as well drained sandy loams.
Table 1 Archaeological resources located within a one -mile radius of the APE.
Site No.
Site Type
Status
WA198
Prehistoric
Not Evaluated
WA199
Prehistoric
Not Evaluated
WA200
Prehistoric
Not Evaluated
WA294
Prehistoric
Not Evaluated
WA296
Prehistoric
Not Evaluated
WA295
Prehistoric
Not Evaluated
WA1190
Prehistoric
Not Evaluated

Site No.
Site Type
Status
WA1166
Prehistoric
Not Evaluated
WA1192
Prehistoric
Not Evaluated
WA1191
Prehistoric
Not Evaluated
WA1812
Prehistoric
Not Evaluated
Two cultural resources inventories have been conducted within a one -mile radius of the project area (Table
2). Neither of these studies included portions of the current project area.
i abie z rrevious mumes witnin one rune of the rroiect Area
Study No. Project
Archaeological survey and evaluation of the land application site for Garner, N.C., ER-82-
1534 7513
3461 Investigation of a Reported Cemetery, White Oak Subdivision, Garner, NC
The current project area has never been surveyed for the presence of cultural resources. Given the proximity
of known prehistoric sites, as well as the presence of soils known to be amenable to prehistoric and historic
settlement, the possibility exists that intact archaeological deposits could be present. As a result, the SHPO
may choose to recommend further archaeological studies within the APE as it is currently defined.
Based on a review of NCHPOWEB Online Mapper, there are eight (8) previously recorded historical
structures within a one -mile radius of the project area (Table 3). One resource, WA0331 located
approximately 0.75-miles northeast of the site, was determined potentially eligible. The remaining seven
(7) resources have not been evaluated by SHPO for listing in the NRHP. The proposed land uses associated
with the project will be consistent with the existing site setting in the surrounding area. Therefore, given
the consistent land uses and distance from recommended eligible historical resources, it is not anticipated
that the project will have an adverse effect on aboveground historic resources.
Table 3 Historical structures located within a one -mile radius of the APE
State Site No.
Description
Status
WA-R170
Wall House
Surveyed Only
WA-R171
Farm House
Surveyed Only
WA0331
John John's Farm
Potentially Eligible
WA0332
Callie Wrenn Farm House
Surveyed Only
WA0333
Stancil House
Surveyed Only
WA0338
Buffalo House
Surveyed Only
WA0351
Cass Sturdivant
Surveyed Only
WA6385
House
Determined Ineligible

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■ ■■■ Roy Cooper. Governor
ME NC DEPARTMENT OF Susi Hamilton, Secretary
women NATURAL AND CULTURAL RESOURCES
0 son Walter Clark, director, Land and Water Stewardship
NCNHDE-9272
June 13, 2019
Morgan Gilbert
Timmons Group
5410 Trinity Road
Raleigh, NC 27606
RE. Oak Park, 37500
Dear Morgan Gilbert.
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence, the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust 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.butlerWncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR71MENT OF NATURAL AND CULTURAL RESOVRCES
Q 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 918.707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Oak Park
Project No. 37500
June 13, 2019
NCNHDE-9272
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic
EO ID
cientific Name
Common Name
Element
Accuracy
Federal
State
Global
State
Group
N07bservation
Occurrence
Status
Status
Rank
Rank
i
=
Rank
IL dk-
i
Dragonfly or
32043
Coryphaeschna ingens
Regal Darner
2004-Pre
H?
5-Very
---
Significantly
G5
S2?
Damselfly
Low
Rare
Freshwater
13799
Alasmidonta
Dwarf Wedgemussel
2016-11-03
BC
3-Medium
Endangered
Endangered
G1G2
S1
Bivalve
heterodon
Freshwater
8700
Alasmidonta undulata
Triangle Floater
2016-07-29
A
3-Medium
---
Threatened
G4
S3
Bivalve
Freshwater
21894
Elliptic lanceolate
Yellow Lance
2015-11-19
E
3-Medium
Threatened
Endangered
G2
S2
Bivalve
Freshwater
7828
Elliptic roanokensis
Roanoke Slabshell
2016-12-23
E
3-Medium
---
Special
G3
S3
Bivalve
Concern
Freshwater
11695
Fusconaia masoni
Atlantic Pigtoe
2019-03-25
AB
3-Medium
Proposed
Endangered
G2
S3
Bivalve
Threatened
Freshwater
52
Lampsilis radiata
Eastern Lampmussel
2016-11-01
E
3-Medium
---
Threatened
G5
S3
Bivalve
Freshwater
14759
Strophitus undulatus
Creeper
2016-07-29
E
3-Medium
---
Threatened
G5
S3
Bivalve
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name Representational Rating Collective Rating
NEU/Swift Creek Aquatic Habitat R2 (Very High) C3 (High)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner Owner Typel=
Wake County Open Space Wake County. multiple local government Local Government
City of Raleigh Open Space City of Raleigh Local Government
Town of Garner Open Space Town of Garner Local Government
Definitions and an explanation of status designations and codes can be found at httr)s:Z/ncnhde.natureserve.org/content/helr). Data query generated on June 13, 2019; source: NCNHP, Q2 Apr 2019.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

NCNHDE-9272: Oak Park
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Project Boundary
Buffered Project Boundary
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NHP Natural Area (NHNA)
El
Managed Area (MAREA)
1:24,440
0 0.2 0.4 0.8 mi
0 0.325 0.65 1.3 km
Sources' Esri, HERE, Garmin,, Intermap, increment P Corp_. GEBCC,, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL Ordnance Survey, Esri Japan,
METI, Esn China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Page 3 of 3

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Consultation Code: 04EN2000-2019-SLI-1041
Event Code: 04EN2000-2019-E-02380
Project Name: Oak Park
71.
Fisdi s WIIJJUrV.
14L'][ ,N,pf
t
June 13, 2019
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided 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
(16U.S.C. 1531 etseq.).
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.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or

06/13/2019 Event Code: 04EN2000-2019-E-02380
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws. omi r olybirds/CurrentBirdlssues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
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 Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at [e-mail].

06/13/2019 Event Code: 04EN2000-2019-E-02380
Attachment(s):
• Official Species List

06/13/2019 Event Code: 04EN2000-2019-E-02380
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

06/13/2019 Event Code: 04EN2000-2019-E-02380 2
Project Summary
Consultation Code: 04EN2000-2019-SLI-1041
Event Code: 04EN2000-2019-E-02380
Project Name: Oak Park
Project Type: DEVELOPMENT
Project Description: Proposed affordable and family friendly residential subdivision with
community cohesion and the necessary amenities within the southern
section of the Town of Garner, designed to provide housing to the
southeastern section of Wake County, North Carolina.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/mgps/Tlace/35.652379446155884N78.59344347252197W
r `
.r
r
1
• i c
Counties: Wake, NC

06/13/2019 Event Code: 04EN2000-2019-E-02380 3
Endangered Species Act Species
There is a total of 7 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME STATUS
Red -cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws. og v/ecp/species/7614
Amphibians
NAME STATUS
Neuse River Waterdog Necturus lewisi Proposed
There is proposed critical habitat for this species. The location of the critical habitat is not Threatened
available.
Species profile: https:Hecos.fws. og v/ecp/species/6772
Fishes
NAME STATUS
Carolina Madtom Noturus furiosus Proposed
There is proposed critical habitat for this species. The location of the critical habitat is not Endangered
available.
Species profile: https:Hecos.fws.gov/ecp/species/528

06/13/2019 Event Code: 04EN2000-2019-E-02380 4
Clams
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni Proposed
There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened
Species profile: https:Hecos.fws. og v/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/784
Yellow Lance Elliptio lanceolata Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws. og v/ecp/species/4511
Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

Aquatic Species Survey Report
Proposed Oak Park Residential Development
Wake County, NC
e
1�
UT to Swift Creek (S2) during the survey efforts
Prepared For:
•
TIMMONS GROUP
ENGINEERING I DESIGN I TECHNOLOGY
Contact Person:
Lauren Norris -Heflin
540 Trinity Rd., Suite 102
Raleigh, NC 27607
September 25, 2019

Prepared by:
324 Blackwell Street, Suite 1200
Durham, NC 27701
Contact Person:
Tim Savidge
tim.savidge2threeoaksengineering.com
919-732-1300

Table of Contents
1.0 INTRODUCTION..............................................................................................
2.0 SURVEY/HABITAT EVALUATION EFFORTS .............................................
2.1 Mussel Survey Methodology..........................................................................
2.2 Neuse River Waterdog Habitat Evaluation Methodology ...............................
3.0 RESULTS...........................................................................................................
3.1 Stream Conditions...........................................................................................
3.2 Mussel Surveys...............................................................................................
3.3 Neuse River Waterdog Habitat Evaluations....................................................
4.0 DISCUSSION/CONCLUSIONS........................................................................
Appendix A:
Figure 1: Project Survey Reach
Oak Park Freshwater Mussel Report September 2019
Three Oaks Job 919-317 Page 1

1.0 INTRODUCTION
Three Oaks Engineering (Three Oaks) was retained by Timmons Group to conduct freshwater
mussel surveys and Neuse River Waterdog (Necturus lewisii) habitat evaluations for a proposed
residential development (Oak Park) with potential impacts to an Unnamed Tributary (UT) to
Swift Creek, referred to as S2, in Wake County, North Carolina. Swift Creek is a major tributary
within the Neuse River Basin. The surveys were conducted to satisfy permitting conditions for
the proposed land development. The Federally Endangered Dwarf Wedgemussel (Alasmidonta
heterodon) and the Federally Threatened Yellow Lance (Elliptio lanceolata) are known to occur
in Wake County and in Swift Creek. Furthermore, the Neuse River Waterdog and Atlantic
Pigtoe (Fusconaia masoni), both of which are known to occur in Swift Creek, were proposed for
listing under the ESA as Threatened Species with Section 4(d) Rule and Critical Habitat
Designation on May 22, 2019, and October 11, 2018, respectively (USFWS 2019). Proposed
Designated Critical Habitat for Atlantic Pigtoe is located in Swift Creek at its confluence with
S2. Proposed Designated Critical Habitat for Neuse River Waterdog is approximately 5.93 river
miles (RM) downstream of the confluence of S2 and Swift Creek. There are also several other
freshwater mussel species known to occur in Swift Creek, a number of which are state -listed.
2.0 SURVEY/HABITAT EVALUATION EFFORTS
The surveys and habitat evaluations were completed by Three Oaks personnel Tim Savidge
(Permit # 19-ES0034) on September 24, 2019.
2.1 Mussel Survey Methodology
Mussel surveys began at the most downstream limits of the reach at the confluence of S2 and
Swift Creek and proceeded upstream through the project study area and ended at the New Bethel
Road crossing (Figure 1). Areas of appropriate habitat were searched, concentrating on the
habitats preferred by the target species. Visual surveys were conducted using bathyscopes.
Tactile methods were employed, particularly in streambanks under submerged rootmats. If
encountered, all freshwater bivalves were to be recorded and returned to the substrate and timed
survey efforts provided Catch Per Unit Effort (CPUE) data for each mussel species encountered.
Additionally, relative abundance for freshwater snails and freshwater clam species was estimated
using the following criteria:
➢ (VA) Very abundant > 30 per square meter
➢ (A) Abundant 16-30 per square meter
➢ (C) Common 6-15 per square meter
➢ (U) Uncommon 3-5 per square meter
➢ (R) Rare 1-2 per square meter
➢ (P-) Ancillary adjective "Patchy" indicates an uneven distribution of the species within the
sampled site.
Oak Park Freshwater Mussel Report September 2019
Three Oaks Job #19-317 Page 1

2.2 Neuse River Waterdog Habitat Evaluation Methodology
While performing mussel surveys, habitat evaluations for the Neuse River Waterdog were also
performed. Habitat conditions and suitability were noted within the stream as the survey team
ascended the survey reach. These evaluations focused on channel width, channel stability, water
depth, substrate composition and presence of particular microhabitat features such as leaf pack,
cover objects and undercut rootbanks.
3.0 RESULTS
No freshwater mussel species were found during freshwater mussel surveys and suitable habitat
for the Neuse River Waterdog was not present.
3.1 Stream Conditions
Habitat conditions varied widely within the portion of S2 that was evaluated. As such, the
surveyed reach was divided into three segments of unequal length that were delineated based on
the general habitat characteristics (Figure 1).
3.1.1 Segment A
Segment A extends from the confluence with Swift Creek, to a point approximately 1,762 feet
upstream. At the confluence the channel is approximately five feet wide and highly incised
(banks eight feet high) but quickly transitions to a marsh wetland complex created by multiple
Beaver (Castor canadensis) dams within the stream and adjacent floodplain. Within the marsh
complex, the channel is loosely defined and, when present, ranges from six to 10 feet wide. The
substrate consists of mud and silt and water depth during the survey ranged from two to eight
inches deep. Flow was not discernable and much of the channel was choked with emergent
aquatic vegetation such as arrowleaf tearthumb (Polygonum sagittatum) and smartweed
(Polygonum sp.). The stream is bordered by a moderately wide forested buffer on both sides of
the channel.
Segment B
Segment B extends from the end of Segment A up to the downstream extent of the proposed Oak
Park Residential Development parcel and is approximately 1,740 feet in length. The channel
ranges from six to 14 feet wide, with an average wetted width of five feet. The banks range from
two to eight feet high but are generally four feet or less and are moderately to severely eroded.
Instream habitat was dominated by a uniformly shallow (1-3 inches), slow flowing channel, with
sporadic, small, scour pools up to eight inches deep created by eroded outside bends of the
channel and/or log jams. The substrate consisted largely of unconsolidated sand with sandy loam
banks. Small pockets of gravel and cobble were present in some areas, mostly associated with
scoured banks. The channel is bordered by woodland along the left descending bank. Land use
adjacent to the right descending bank has been recently cleared for a residential development
currently under construction.
Oak Park Freshwater Mussel Report September 2019
Three Oaks Job #19-317 Page 2

Segment C
Segment extends from the end of Segment B up to the New Bethel Church Road crossing and is
approximately 1,580 feet in length. With the exception of the vicinity of the New Bethel Road
crossing, the channel ranges from five to 10 feet wide, with an average wetted width of five feet.
The banks range from two to six feet high but are generally three feet or less and are lightly to
moderately eroded. At the New Bethel Church Road culvert outlet, which is perched, the channel
is narrow (3-4 feet wide) and highly incised (6-8 feet high banks). Like Segment B, instream
habitat was dominated by a uniformly shallow (1-3 inches), slow flowing channel, with sporadic,
small, scour pools up to eight inches deep created by eroded outside bends of the channel and/or
log jams. The substrate ranged from compact sand to gravel and cobble with sandy loam banks.
A few bedrock outcroppings were scattered throughout. The stream is bordered by a moderately
wide forested buffer on both sides of the channel.
3.2 Mussel Surveys
A total of 3.5 person -hours of survey time were spent in the entire surveyed reach. No
freshwater mussel species were found. The Pointed Campeloma (Campeloma decisum), an
aquatic snail, was the only mollusk species observed. It was relatively common in Segment A
and rare in Segments B and C.
3.3 Neuse River Waterdog Habitat Evaluations
As described in Section 3.1, the surveyed stream is very shallow, with a maximum depth of eight
inches and over 95 % being less than three inches which is not suitable for the Neuse River
Waterdog.
4.0 DISCUSSION/CONCLUSIONS
Based on the survey results, freshwater mussels, including the Dwarf Wedgemussel, Yellow
Lance, and Atlantic Pigtoe are not present in S2. Furthermore, S2 does not provide suitable
habitat for the Neuse River Waterdog.
Although the four aquatic species evaluated during this survey effort are not present within S2,
all of these species are considered present further downstream in Swift Creek and efforts should
be made to avoid downstream effects. Incorporation of stringent erosion/sedimentation control
measures along with appropriate stormwater control measures into the design and construction of
the project will help to avoid/minimize potential adverse effects to these populations.
Additionally, the presence of the marsh wetland complex on S2 between the proposed
development project and Swift Creek will further lessen any potential downstream effects as it
would trap sediments before being transported to Swift C reek.
It can be concluded that project construction is "Not Likely to Adversely Affect" the Dwarf
Wedgemussel, Yellow Lance, Atlantic Pigtoe and Neuse River Waterdog. It can also be
concluded that project construction is "Not Likely to Adversely Affect" proposed Critical
Habitat for the Atlantic Pigtoe and Neuse River Waterdog.
Oak Park Freshwater Mussel Report September 2019
Three Oaks Job #19-317 Page 3

Appendix A: Figure 1
Oak Park Freshwater Mussel Report September 2019
Three Oaks Job #19-317 Page 4

Prepared For
s
5 >
Lai m
LbA
Aquatic Species Survey
Oak Park Residential
S2 to Swift Creek
Vicinity Map
Wake County, North Carolina
Date September 2019
Scale:0 200 400 Feet
1 i
Job No.. 19-317
bra K ByS
ked
Figure

Lauren Norris -Heflin
From:
Matthews, Kathryn <[e-mail]>
Sent:
Thursday, September 26, 2019 10:00 AM
To:
Lauren Norris -Heflin
Cc:
Bailey, David E CIV USARMY CESAW (US)
Subject:
Fwd: [EXTERNAL] Oak Park - Revised Aquatics Report
Attachments:
Oak Park Freshwater Mussel Surveys Final Report Submitted Sept 25 2019.pdf
Follow Up Flag:
Follow up
Flag Status:
Completed
Lauren,
Based on the aquatic survey data presented, the Service concurs that federally -listed species are not likely to be present
in stream S2, and are unlikely to be adversely affected by the project. We continue to recommend enhanced erosion
control measures and avoidance and minimization of tree clearing within the buffer (and elsewhere on site where
possible), to minimize erosion and sedimentation impacts downstream in Swift Creek.
Please let me know if you have any questions or concerns.
Thanks,
Kathy Matthews
---------- Forwarded message ---------
From: Lauren Norris -Heflin <[e-mail]>
Date: Wed, Sep 25, 2019 at 4:25 PM
Subject: [EXTERNAL] Oak Park - Revised Aquatics Report
To: Matthews, Kathryn <kathryn [e-mail]>
Kathy,
I'm not sure if Tim already reached out, but just in case attached is the revised Aquatics Report. Just want to make sure
everything looks ok to you in order to go for a not likely to adversely affect determination on our next PCN submittal.
Thank you,
Lauren Norris -Heflin
Environmental Scientist II
TIMMONS GROUP I www.timmons.com
1

5410 Trinity Rd, Suite 102 1 Raleigh, NC 27607
Office: 919.866.4943 1 Cell: 919.607.1723 1 Fax: [phone]
[e-mail]
Your Vision Achieved Through Ours
Kathy Matthews
Fish and Wildlife Biologist
Raleigh Ecological Services
U.S. Fish and Wildlife Service
P.O. Box 33726
Raleigh, NC 27636-3726
Phone [phone] x27
Email kathryn [e-mail]