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HomeMy WebLinkAbout20071512 Ver 2_401 Application_20200522DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form April 11, 2020 Ver 3.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned * Version#* 20071512 2 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received r $240.00 r Fee needed - send electronic notification IT $570.00 Reviewing Office * Select Project Reviewer* Raleigh Regional Office - (919) 791-4200 Stephanie Goss:eads\szgoss Information for Initial Review 1a. Name of project: Shepard's Park II 1a. Who is the Primary Contact?* Kelly Roth 1b. Primary Contact Email:* roth@mcadamsco.com Date Submitted 5/22/2020 Nearest Body of Water Beaverdam Creek Basin Neuse Water Classification C, NSW Site Coordinates Latitude: 35.842826 A. Processing Information County (or Counties) where the project is located: Wake Is this a NCDMS Project r Yes r No Longitude: -78.309843 Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1c. Primary Contact Phone:* (919)361-5000 U 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F- 401 Water Quality Certification - Express W Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes f No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? 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 Acceptance Letter Attachment 00_AWH19000_ShepPk_DIMS Acceptance Letter.pdf 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? 4 Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W 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: BOEX, LLC 2b. Deed book and page no.: Book 15435, page 765 2c. Responsible party: Brent Shearer 2d.Address Street Address PO Box2249 Address Line 2 city Cumming Postal / Zip Code 30028-6501 2e. Telephone Number: (727)448-3330 2g. Email Address:* bshearer@blakeip.com State / Province / legion Georgia Country USA 2f. Fax Number: 350.96KB r Yes r No r Yes r No U 3. Applicant Information (if different from owner) 3a. Name: Bob Mishler 3b. Business Name: Starlight Homes 3c.Address Street Address 5711 Six Forks Road Address Lim 2 Suite 300 Cky Raleigh Postal / Zip Code 27609 3d. Telephone Number: (919)422-7663 3f. Email Address:* bob. mishler@ashtonv.00ds.com 4. Agent/Consultant (if applicable) 4a. Name: Kelly Roth 4b. Business Name: McAdams Company 4c.Address Street Address 2905 Meridian Parkway Address Une 2 City Durham Postal / Zip Code 27713 4d. Telephone Number: (919)361-5000 4f. Email Address:* roth@mcadamsco.com Agent Authorization Letter* 01_AWH19000_AgentAuth_BOEX signed.pdf 01 _AW H19000_ShepPk_AgentAuth_Starlight.pdf State / Rwince / Region NC Country USA 3e. Fax Number: State / Rmince / Region NC Country USA 4e. Fax Number: 357.49KB 67.32KB C. Project Information and Prior Project History C^) 1. Project Information 1b. Subdivision name: (d appropriate) Shepard's Park 1 c. Nearest municipality / town: Zebulon 2. Project Identification 2a. Property Identification Number: 2706532055 2c. Project Address 2b. Property size: 79.61 Street Address 0 Old Bunn Road Address tine 2 aty Zebulon Postal / Zip Code 27597 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Beaverdam Creek 3b. Water Resources Classification of nearest receiving water:* C; NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202030101 4. Project Description and History State / Rwince / Rion NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Most of the property is forested with a mix of hardwoods and pines. The Beaverdam Creek floodplain runs along the northern property boundary. Six acres in the northeast portion of the property are currently cropland and about 17 acres on the west side was under agricultural production until about 10 years ago and now consists of scrub -shrub vegetation. Additionally, there is a sanitary sewer easement that runs east -west just south of the Beaverdam Creek floodplain. Other land use in the vicinity includes residential, agricultural and forested land. Phase 1 of the Shepard's Park residential development lies immediately southwest of the Phase 2 project area. No USACE permits or DWR certifications were issued for Phase 1. However, one jurisdictional pond (Pond P2) was filled in Phase 1. In this application, we are requesting after -the -fact certification of this impact. This impact is depicted on page 8 of the impact figure set. A 401 Water Quality Certification application was submitted to DWR for Phase 2 on September 5, 2007 (DWR# 07-1512). DWR requested additional information on September 7, 2007. DWR withdrew the application on December 22, 2008 because the additional information was not provided. These documents are attached. 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) 02_AWH19000_Fig 1 USGS.pdf 1.78 MB 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) 03_AWH19000_Fig 2A Web Soil Survey.pdf 2.28MB 04_AWH19000_Fig 2B Soil Survey.pdf 1.87MB 4f. List the total estimated acreage of all existing wetlands on the property: 4.21 4g. List the total estimated linear feet of all existing streams on the property: 4492 4h. Explain the purpose of the proposed project:* The purpose of the project is to develop the property with the necessary infrastructure to provide suitable building areas for high density, single-family residential construction to serve the current and future residents of Zebulon. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed project is phase 2 of a phased residential development. The second phase is located northeast of the first phase, which is currently under construction. The proposed Phase 2 development includes approArnately 178 single family units and associated driveways, parking areas, stormwater management facilities, amenity areas and utilities. The proposed project includes three road crossings, one greenway trail crossing, and one proposed sanitary sewer line that will result in impacts to jurisdictional stream and wetlands and Neuse buffers. The attached Overall Impact Exhibit depicts the overall Phase 2 project plan view, and Insets 1-5 show details of the proposed impact areas. Additionally, this application includes one after -the -fact impact in Phase 1. Ajurisdictional pond was filled, but was not permitted as part of Phase 1. The completed impact to Pond 2 in Phase 1 is shown on page 8 of the Impact Exhibits attachment. We are requesting after -the -fact authorization for this impact. Heavy equipment typical for road construction, utility installation and grading will be used to construct the proposed project such as track hoes, bulldozers, dump trucks and graders. 4j. Please upload project drawings for the proposed project. 05_AWH19000_Fig 3 Aerial.pdf 4.71MB 06_AWH19000_ShepPk_C2.01 Overall Site Plan.pdf 1.45MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* G Yes Comments: r No O Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* R Preliminary r Approved r Not Verified r Unknown f N/A Corps AID Number: SAW-2005-21067 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Kelly Roth Agency/Consultant Company: McAdams Company Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR An Approved JD was issued by the USACE for the entire site (Phases 1 and 2) on March 3, 2006 (USACE Action ID: 200521067; a)Pired 3/6/11). James Lastinger of the USACE conducted a site visit to verify the re -delineation of Phase 2 on October 3, 2019. Erin Deck of the DWR conducted a site visit on October 10, 2019 and DWR issued a buffer determination on October 15, 2019 (NBRRO #19-320). The results of the verification and buffer determination are reflected in Figure 4 (PJD and Buffer Map). 5d1. Jurisdictional determination upload 07_AWH19000_Fig 4 PJD and buffer Map_v4.pdf 248.89KB 08_AWH19000_ShepPk_rcvd DWR buffer determination_10-15-2019.pdf 4.24MB 09_AWH19000_Shepards_ApprovedDelineation_2005.pdf 954.14KB 6. Future Project Plans 6a. Is this a phased project?* r Yes O No 7b. If yes, explain. The proposed Shepard's Park subdivision consists of two phases. Phase 1 construction began in 2008 and was put on hold later that year. Construction of Phase 1 resumed in 2017 and continues to the present. Phase 2 wtll be constructed to the northeast of Phase 1. 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 U 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries W Buffers W Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. 2d. W. name * 2e. Forested * 2C Type of Jurisdicition*(?) 2g. Impact area* W1 Road crossing P Headwater Forest W6 Yes Both 0.141 (acres) W2 Road crossing P Head water Forest W9 Yes Both 0.040 (acres) W3 Road crossing T Head water Forest W10 Yes Both 0.001 (acres) W4 Greenway crossing P mland Hardwood Forest ff W1 Yes Both 0.002 (acres) W5 Fr,.nway crossing P Headwater Forest W4 Yes Both 0.001 (acres) 2g. Total Temporary Wetland Impact 0.001 2g. Total Wetland Impact 0.185 2h. Comments: 3. Stream Impacts 29. Total Permanent Wetland Impact 0.184 a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact T Jurisdiction* length* S1 Road crossing - raprap Permanent Rip Rap Fill S213 Intermittent Both 6 64 dissipator Average (feet) (li �rfeet) S2 Road crossing culvert 9 ' Permanent Culvert S2B Intermittent Both 5 100 Average (feet) (linear feet) S3 Road crossingTem orar P Y Other S2B Intermittent Both 4 21 Average (feet) (linearfeet) S4 Road crossing - raprap Permanent Rip Rap Fill S2A Intermittent Both 3 37 dissipator Average (feet) (lir�rfeet) S5 Road crossing - culvert Permanent Culvert S2A Intermittent Both 87 Average (feet) (linearfeet) H Road crossing 9 Tem orar P Y Other S2A Intermittent Both 4 16 Average (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 288 31. Total stream and ditch impacts: 325 3j. Comments: 4.Open Water Impacts 31. Total temporary stream impacts: 37 4a. Site # _114al. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area _1101 Fill P :11P2 Fill Pond 0.24 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.24 4h. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. V Neuse r' Catawba r' Goose Creek r' Other 4g. Total permanent open water impacts: 0.24 r Tar -Pamlico r Randleman r Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact 131 - Allowable (Road crossing impacting less P S2B No 8,267 4,594 than 150 LF of buffer) FB2 - Allowable (Road crossing impacting less P A �N. 6,532 4,017 than 150 LF of buffer) 63 - Allowable with Mitigation (Road impacts P S2A Yes 1,044 1,438 other than crossings) Alloble (Non -electric utility line impacts Frth,r T S2B No than perpendicular crossings in Zone 2) 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 683.00 Zone 1 Zone 2 Total Permanent impacts: 15,843.00 10,049.00 Zone 1 Zone 2 Total combined buffer impacts: 15,843.00 10,732.00 6i. Comments: Supporting Documentation 10_AWH19000_ShpPk_Impact Maps.pdf E. Impact Justification and Mitigation 1. Avoidance and Minimization 10.25MB u la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impact to stream, wetlands and Neuse buffers were minimized to the mapmum eMent practicable. Retaining walls were used in several places to avoid impacts to jurisdictional wetlands and Neuse buffers. Two boardwalk crossings on the proposed greenway trail have be utilized to avoid impacts to stream features S3, S2B, associated %use buffers and wetland feature W2. The greenway will result in two small wetland impacts (W4 & W5; see Impact Areas 4 & 5). These impacts were minimized by routing the greenway between wetland features W1 and W4, thus only impacting minimal amounts of the edges of each wetland, rather than passing the trail through a wetland, which would have cause a greater impact and divided one of wetlands. Three culvert road crossings of streams, buffers and wetlands were unavoidable in order to provide access to all portions of the site (Impact Areas 1, 2 & 3). These impacts were minimized by installing headwalls at both ends of all three culverts, which allowed the grading necessary for installation to be reduced. The culvert shown in Impact Area 1 will be installed flush with the epsting grade in order to maintain the hydrologic connection between the un-impacted portions of wetland W6. The culverts shown in Impact Areas 2 and 3 will be buried 1 foot below the eAsting stream grade in order to provide for aquatic life passage. Additionally, the riprap dissipator pads at the downstream ends of these culverts will be installed flush with the existing grade. The cross sections provided for Impact Areas 2 and 3 show howthe culverts will be installed to provide for aquatic life passage. The length of the Neuse buffer impacts for the road crossings in Impact Areas 2 and 3 are each less than 150 feet long, and thus do not require mitigation. Buffer impact area B3 (Impact Area 3) is due to grading for installation of Moonlit Place (a road impact other than a crossing) and requires buffer mitigation. A temporary Zone 2 buffer impact for a sanitary sewer installation (Impact Area 5) does not require mitigation. In addition to the impacts for Phase 2, this application includes one open water impact from Phase 1. The impact to pond P2 depicted on page 8 of the impact map sheet set was completed during construction of Phase 1, but was not permitted. We are requesting after -the -fact approval for this impact. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A Sediment and Erosion Control Plan for the project will be developed and approved by the Town of Morrisville, and the project will comply with the supplementary NPDES Construction Stormwater Permit (NCG010000). 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? r Yes r No 2c. If yes, mitigation is required by (check all that apply): W DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank W Payment to in -lieu fee r 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) 190 4d. Buffer mitigation requested (DWR only): (square feet) 64,218 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 0.370 4g. Coastal (tidal) wetland mitigation requested: (acres) 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. r Yes r No 6b. If yes, then identify the square feet of impact. 6c. Reason for impact 6d. Total impact Multiplier 6e. Required (square feet) (square feet) Zone 1 Road impacts other than crossings 1,044 3 3,132 Zone 2 Road impacts other than crossings 1,438 1.5 2,157 6f. Total buffer mitigation required 5289 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? r Yes r No 6h. Attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 00_AWH19000_ShepPk_DMS Acceptance Letter.pdf 350.96KB 6j. Comments 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) W Other SCM that removes minimum 30 % nitrogen r Proposed project will not create concentrated stormvrater flow through the buffer Diffuse Flow Documentation 11_AWH19000_ShepPk_SIA 2020-01-28.pdf 7.56MB 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r" No r WA - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: W Local Government C State Local Government Stormwater Programs W Phase II W NSW r USMP r Water Supply Please identify which local government stormwater program you are using. Zebulon Comments: The SMP is currently under review by the Town of Zebulon. G. Supplementary Information u 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 (15A NCAC 2B .0200)? * r Yes r No 2b Provide an explanation of the violation(s): Pond P2 was filled without a permit during the construction of Phase 1. We are requesting after -the -fact authorization for this impact. 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 proposed project is a residential development. It is not anticipated that this project will result in additional development that would impact downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor WA 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated by the development Will be sent to the Town of Zebulon sanitary sewer system. The Town will reviewthe project to ensure sufficient treatment capacity is available. 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 r Unknown 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 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC Web tool (https://ecos.fws.gov/ipac/), accessed 7/1/2019 NC NHP Data Explorer (http://nenhde.natureserve.org/contenVmap), accessed 7/10/2019 Consultation Documentation Upload 12_AWH19000_ShpPk_T&E Review Pkg.pdf 4MB 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 (EFH) Mapper (http://www.habitat.noaa.gov/protection/efh/efhmapper/), accessed 5/20/2020 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?* State Historic Preservation Office Historic Properties online buffer tool (https://nc.maps.arcgis.com/apps/webappviewer/indexhtmi? id=773b7da94dc0478390cbOc3186b7a498), accessed 7/25/2019 & 5/20/2020 (note: does not include archaeological data) 7c. Historic or Prehistoric Information Upload 13_AWH19000_ShepPk_SHPO Response ER 19-2392.pdf 96.07KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year flood plain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: This project will be designed to meet FEMA requirements and will be reviewed by the local delegated Floodplain Manager within Wake County. 8c. What source(s) did you use to make the floodplain determination?* FEMA FIRM map number 3720270600J (effective 5/2/2006) Miscellaneous Comments Miscellaneous attachments not previously requested. 14_20071512 Ver 1_401 Application_20070907.pdf 15_20071512 Ver 1—Notice of Withdrawal_20081222.pdf Signature B By checking the box and signing below, I certify that: 7.49MB 78.53KB • 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: Kelly Roth Signature Date 5/22/2020 May 21, 2020 Bob Mishler Starlight Homes 5711 Six Forks Road, Suite 300 Raleigh, NC 27609 Expiration of Acceptance: 11/21/2020 Project: Shepard's Park II 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 Impact Location (8-digit HUC) Impact Type Impact Quantity Neuse 03020203 Riparian Wetland 0.185 Neuse 03020203 Warm Stream 190 Neuse 03020203 Riparian Buffer (Z1) 16,054 @3:1 Neuse 03020203 Riparian Buffer (Z2) 10,704 @1.5:1 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 Williams at (919) 707-8915. Sincerely, FOR James. B Stanfill Asset Management Supervisor cc: Kelly Roth, agent May 21, 2020 Bob Mishler Starlight Homes 5711 Six Forks Road, Suite 300 Raleigh, NC 27609 Expiration of Acceptance: 11/21/2020 Project: Shepard's Park II 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 Impact Location (8-digit HUC) Impact Type Impact Quantity Neuse 03020203 Riparian Wetland 0.185 Neuse 03020203 Warm Stream 190 Neuse 03020203 Riparian Buffer (Z1) 16,054 @3:1 Neuse 03020203 Riparian Buffer (Z2) 10,704 @1.5:1 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 Williams at (919) 707-8915. Sincerely, FOR James. B Stanfill Asset Management Supervisor cc: Kelly Roth, agent AGENTfill AUTHORIZATION All Blanks To Be Filled In By The Current Property Owner Attn: James Lastinger US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 To Whom It May Concern: Attn: Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 hereby designate and authorize The John R. McAdams Company, Inc. to act on my behalf as my agent in the processing of permit applications in Property Owner's name and obtaining verification of wetland delineations for the project listed above. 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 NC Division of Water Resources to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination of Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules. 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 Property Owner or The John R. McAdams Company, Inc. staff. Print Property Owner Signature �G Date creating experiences through experience 2905 Meridian Parkway, Durham, NC 1919. 361. 5000 Im WADAMS AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Contract Purchaser PIN(s): 2706532055 Name: Starlight Homes— POC: Bob Mishler Address: 5711 Six Forks Road, Suite 300, Raleigh, NC 27609 919-422-7663; bob.mishler@ashtonwoods.com Phone/Email: Project Name: Shepard's Park II Project Number: AWH-19000 Project Manager: Mike Sanchez Attn: James Lastinger Attn: Karen Higgins US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: Wetlands Related Consulting and Permitting To Whom It May Concern: NC Division of Water Resources 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 I hereby designate and authorize The John R. McAdams Company, Inc. to act on my behalf as my agent in the processing of permit applications and obtaining verification of wetland delineations for the project listed above. I, the undersigned, a duly authorized contract purchaser of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination of Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules. 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 The John R. McAdams Company, Inc. staff. Print Contractor Purchaser Name & Title Signature Date creating experiences through experience 2905 Meridian Parkway, Durham, NC / 919. 361. 5000 0 2,0001,000 Feet1 inch = 2,000 feet $ FIGURE 1. USGS TOPOGRAPHIC VICINITY MAPSHEPARD'S PARK IIZEBULON, WAKE COUNTY, NC NOTES:1. USGS; 7.5 MINUTE, QUAD, "ZEBULON", NORTH CAROLINA; 20162. LAT: 35.842826, LONG: -78.309843 7/29/2019 pierzgaAWH-19000DATE:JOB NO:DRAWN BY: X:\Projects\AWH\AWH-19000\Storm\Natural Resources\GIS\AWH19000_Fig 1 USGS.mxd, 7/29/2019 5:23:07 PM, pierzga PROJECT AREA S1 (Beaverdam Creek) 1VERSION: S2 P1 ChA RgC RgD RgC WfB RgD WfB RgC RgC W VaB AaA ChA WfB WfB RgC RgD HeB RgC RgB RgC NC Center for Geographic Information & Analysis 0 300150Feet1 inch = 300 feet $ FIGURE 2A. NRCS WEB SOIL SURVEYSHEPARD'S PARK IIZEBULON, WAKE COUNTY, NC NOTES:Web Soil Survey SSURGO Spatial Data: Wake County (Version 11, Sep 10, 2018) X:\Projects\AWH\AWH-19000\Storm\Natural Resources\GIS\AWH19000_Fig 2A Web Soil Survey.mxd, 8/2/2019 3:22:36 PM, roth 8/2/2019 rothAWH-19000DATE:JOB NO:DRAWN BY: 1VERSION: 2017 Map Unit Symbol Map Unit Name Hydric Soil RatingAaAAltavista fine sandy loam, 0 to 4 percent slopes, rarel y flooded 2ChAChewacla and Wehadkee soils, 0 to 2 percent slopes, frequently flooded 45HeBHelena sandy loam, 2 to 6 percent slopes 0RgBRawlings-Rion complex, 2 to 6 percent slopes 0RgCRawlings-Rion complex, 6 to 10 percent slopes 0RgDRawlings-Rion complex, 10 to 15 percent sl opes 0VaBVance sandy loam, 2 to 6 percent sl opes 0WWater0WfBWedowee-Saw complex, 2 to 6 percent slopes 0 0 1,320660Feet1 inch = 1,320 feet $ FIGURE 2. NRCS SOIL SURVEYSHEPARD'S PARK IIZEBULON, WAKE COUNTY, NC NOTES:1. NRCS; SOIL SURVEY SHEET 44, WAKE COUNTY, NC (1970) X:\Projects\AWH\AWH-19000\Storm\Natural Resources\GIS\AWH19000_Fig 2 Soil Survey.mxd, 7/29/2019 5:24:23 PM, pierzga PROJECT AREA S1 (Beaverdam Creek) 7/29/2019 pierzgaAWH-19000DATE:JOB NO:DRAWN BY: 1VERSION: S2 P2 S2 S3 S4 NC Center for Geographic Information & Analysis 0 250125Feet1 inch = 250 feet $ LEGEND Proje ct area 2 ft conto urs FIGURE 3. AERIAL MAPSHEPARD'S PARK IIZEBULON, WAKE COUNTY, NC X:\Projects\AWH\AWH-19000\Storm\Natural Resources\GIS\AWH19000_Fig 3 Aerial.mxd, 7/29/2019 5:23:49 PM, pierzga 7/29/2019 pierzgaAWH-19000DATE:JOB NO:DRAWN BY: 1VERSION: 2017 C2.01 AWH19000-OAS1 1"=100' SITE PLAN OVERALL CLIENT REVISIONS PROJECT NO.AWH-19000 FILENAME CHECKED BY DRAWN BY SCALE DATE 11. 07. 2019 N0.DATE 1 01. 28. 2020 REV PER TOWN, CITY AND 2 X:\Projects\AWH\AWH-19000\Land\Construction Drawings\Current Drawings\AWH19000-OAS1.dwg, 5/22/2020 12:59:14 PM, Williams, SherrillThe John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com SHEPARDS PARK IIPHASES 2A AND 2BCONSTRUCTION DRAWINGSZEBULON, NORTH CAROLINASHEET PLAN INFORMATION FINAL DRAWING - NOT RELEASED FOR CONSTRUCTION STARLIGHT HOMES NORTH CAROLINA L.L.C. 5711 SIX FORKS ROAD, SUITE 300 RALEIGH, NORTH CAROLINA 27609 PHONE: 919. 422. 7663 COUNTY COMMENTS 02. 20. 2020 REV PER TOWN, CITY AND COUNTY COMMENTS 3 03. 18. 2020 REV PER TOWN, CITY AND COUNTY COMMENTS 4 05. 15. 2020 REV PER TOWN AND CITY COMMENTS SCM "A" SCM "B" SCM "C" EXISTING POND GRAPHIC SCALE 0 50 100 200 1 inch = 100 ft. EXISTING SHEPARDS PARK SUBDIVISION (PHASE 1)SHEPARD ROCK DRIVE(50' PUBLIC R/W)BERKELEY GLEN ROAD (50' PUBLIC R/W)STREET "H"(50' PUBLIC R/W)STREET " G " (50' PUBL I C R / W ) STREET "E" (50' PUBLIC R/W)STREET "F"(50' PUBLIC R/W)STREET "D"(50' PUBLIC R/W)KENYON SPRING DRIVE(50' PUBLIC R/W)BERKELEY GLEN ROAD(50' PUBLIC R/W)ST R E E T " E " (50 ' P U B L I C R / W )STREET "D"(50' PUBLIC R/W)PIN EXISTING ZONING RIVER BASIN EXISTING USE PROPOSED USE IMPERVIOUS PARKING OPEN SPACE 2706532055 R-13-SUD NEUSE VACANT 176 SINGLE FAMILY LOTS EXISTING DEVELOPER ASHTON WOODS 5711 SIX FORKS ROAD, SUITE 300 RALEIGH, NORTH CAROLINA 27609 OWNER BOEX. LLC P.O. BOX 2249 CUMMING, GA 30028 SITE AREA GROSS AREA:79.61 AC SETBACKS R/W DEDICATION:0.0 AC NET AREA:79.61 AC PROPOSED 0.00 AC 28.18 AC (35.40%) REQUIRED PROPOSED 2 SPACES PER UNIT - 352 SPACES 352 SPACES (GARAGE AND DRIVEWAY) PROPOSED 37.21 AC. SITE DATA DENSITY PROPOSED 2.22 UNITS / ACRE MINIMUM BUILDING SEPARATION 12' SIDE 6' REAR 10' FRONT SETBACK 30' MIN. LOT SIZE 6,500 SF AVG. LOT SIZE 7,632 SF MIN. HOUSE SIZE 1,500 SF (HEATED) EXISTING KENYON SPRING DRIVE (50' PUBLIC R/W) EXISTING QUINCY MEADOW AVE. (50' PUBLIC R/W) EXISTING BERKELEY GLEN ROAD (60' PUBLIC R/W) EXISTING BRADBERRY BUSH LANE (50' PUBLIC R/W) EXISTING SHEPARD ROCK DRIVE (50' PUBLIC R/W) ALL CONSTRUCTION SHALL CONFORM WITH THE LATEST VERSION OF THE TOWN OF ZEBULON, CITY OF RALEIGH, WAKE COUNTY AND NCDOT STANDARDS, SPECIFICATIONS AND DETAILS, WHERE APPLICABLE. SEE SHEET C0.00 FOR ALL PROJECT, SITE, GRADING, STORM DRAINAGE AND UTILITY NOTES MOONLIT PLACE (50' PUBLIC R/W) EXISTING MOONLIT PLACE (50' PUBLIC R/W) EXISTING FROSTY WAY (60' PUBLIC R/W) FROSTY WAY (60' PUBLIC R/W) SINGLE-FAMILY DETACHED LOTS 176 OPEN SPACE LOTS 9 ADDITIONAL PARKING GREENWAY/BIKE PATH PARKING: 4 SPACES TOTAL (1 ACCESSIBLE SPACE) AREA "A" INDEX MAP NOT TO SCALE AREA "C" AREA "B" AREA "D" (ALLOWABLE IMPERVIOUS PER LOT: 4,500 SF) WTO SRWPHASE 2APHASE 2BPHASE 2APHASE 2APHASE 2BPHASE 2B 0 250125Feet1 inch = 250 feet $ LEGEND Stream Po nd Wetla nd 50-ft Neuse Rive r ripa rian buffer Project area 2 ft contou rs FIGURE 4. PRELIMINARY JURISDICTIONAL DETERMINATION AND BUFFER MAPSHEPARD'S PARK IIZEBULON, WAKE C OUN TY, NC X:\Projects\AWH\AWH-19000\Storm\Natural Resources\GIS\AWH19000_Fig 4 Delineation Map.mxd, 5/22/2020 10:40:01 AM, roth 5/22/2020 rothAWH-19000DATE:JOB NO:DRAWN BY: 4VERSION: S1 START (P)(Beaverdam Creek - Continues from off site)+/- 2,310 lf S4 START (I) (Continues from off site)+/- 430 lf S2a START (I)+/- 333 lf P1+/- 1.77 ac S3 START (I)+/- 192 lf W1+/- 1.006 ac W2+/- 1.139 ac W3+/- 0.001 ac W4+/- 0.153 ac W5+/- 0.561 ac W6+/- 0.315 ac W7+/- 0.067 ac W8+/- 0.027 ac W9+/- 0.629 ac W10+/- 0.232 ac S4 End at P1 S2a End at P1 S2b START (I)+/- 1,010 lf S2b Endat confluence with S1S3 End jurisdictional channel S6 START (I)+/- 26 lf S5 (I)+/- 11 lf W11+/- 0.080 ac S3 End bufferedchannel Notes:1. US ACE verification site visit conducted 10/3/20192. DW R buffer determination site visit conducted 10/10/2019 X:\Projects\AWH\AWH-19000\Land\Construction Drawings\Current Drawings\AWH19000-IM1.dwg, 5/22/2020 10:50:28 AM, Williams, Sherrill SHEPARDS PARK II PHASES 2A AND 2B OVERALL IMPACT EXHIBIT ZEBULON, NORTH CAROLINA PROJECT NO.AWH-19000 FILENAME AWH19000-IM1 CHECKED BY JB DRAWN BY SRW SCALE 1"=300' DATE 05. 21. 2020 The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com PLAN INFORMATIONGRAPHIC SCALE01503006001 inch = 300 ft.IMPACTAREA 1IMPACTAREA 4IMPACTAREA 2IMPACTAREA 3IMPACTAREA 5 X:\Projects\AWH\AWH-19000\Land\Construction Drawings\Current Drawings\AWH19000-IM1.dwg, 5/21/2020 3:02:18 PM, Clark, Jonathan SHEPARDS PARK II PHASES 2A AND 2B IMPACT EXHIBIT - IMPACT AREA 1 ZEBULON, NORTH CAROLINA PROJECT NO.AWH-19000 FILENAME AWH19000-IM1 CHECKED BY JB DRAWN BY SRW SCALE 1"=20' DATE 05. 21. 2020 The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com PLAN INFORMATIONLEGEND:EXISTING WETLANDPERMANENT STREAM IMPACT (CULVERT)PERMANENT STREAM IMPACT (RIP RAP)TEMPORARY STREAM IMPACTZONE 1 NEUSE RIPARIAN BUFFER IMPACTZONE 2 NEUSE RIPARIAN BUFFER IMPACTWETLAND IMPACTIMPACT AREA 1GRAPHIC SCALE01020401 inch = 20 ft.STREET "E"(50' PUBLIC R/W)X:\Projects\AWH\AWH-19000\Land\Construction Drawings\Current Drawings\AWH19000-IM1.dwg, 5/21/2020 3:02:13 PM, jclark, 1:1 X:\Projects\AWH\AWH-19000\Land\Construction Drawings\Current Drawings\AWH19000-IM1.dwg, 5/21/2020 3:03:00 PM, Clark, Jonathan SHEPARDS PARK II PHASES 2A AND 2B IMPACT EXHIBIT - IMPACT AREA 2 ZEBULON, NORTH CAROLINA PROJECT NO.AWH-19000 FILENAME AWH19000-IM1 CHECKED BY JB DRAWN BY SRW SCALE 1"=20' DATE 05. 21. 2020 The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com PLAN INFORMATIONIMPACT AREA 2GRAPHIC SCALE01020401 inch = 20 ft.LEGEND:EXISTING WETLANDPERMANENT STREAM IMPACT (CULVERT)PERMANENT STREAM IMPACT (RIP RAP)TEMPORARY STREAM IMPACTZONE 1 NEUSE RIPARIAN BUFFER IMPACTZONE 2 NEUSE RIPARIAN BUFFER IMPACTWETLAND IMPACTSTREET "E"(50' PUBLIC R/W)X:\Projects\AWH\AWH-19000\Land\Construction Drawings\Current Drawings\AWH19000-IM1.dwg, 5/21/2020 3:02:53 PM, jclark, 1:1 X:\Projects\AWH\AWH-19000\Land\Construction Drawings\Current Drawings\AWH19000-IM1.dwg, 5/21/2020 3:06:37 PM, Clark, Jonathan SHEPARDS PARK II PHASES 2A AND 2B IMPACT EXHIBIT - CULVERT CROSS SECTION ZEBULON, NORTH CAROLINA PROJECT NO.AWH-19000 FILENAME AWH19000-IM1 CHECKED BY JB DRAWN BY SRW SCALE 1"=40'/1"=4' DATE 05. 21. 2020 The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com PLAN INFORMATION GRAPHIC SCALE 0 20 40 80 1 inch = 40 ft.STREET "E"(50' PUBLIC R/W)IMPACT AREA 2 X:\Projects\AWH\AWH-19000\Land\Construction Drawings\Current Drawings\AWH19000-IM1.dwg, 5/21/2020 3:06:30 PM, jclark, 1:1 X:\Projects\AWH\AWH-19000\Land\Construction Drawings\Current Drawings\AWH19000-IM1.dwg, 5/21/2020 3:22:49 PM, Clark, Jonathan SHEPARDS PARK II PHASES 2A AND 2B IMPACT EXHIBIT - IMPACT AREA 3 ZEBULON, NORTH CAROLINA PROJECT NO.AWH-19000 FILENAME AWH19000-IM1 CHECKED BY JB DRAWN BY SRW SCALE 1"=20' DATE 05. 21. 2020 The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com PLAN INFORMATIONIMPACT AREA 3GRAPHIC SCALE01020401 inch = 20 ft.LEGEND:EXISTING WETLANDPERMANENT STREAM IMPACT (CULVERT)PERMANENT STREAM IMPACT (RIP RAP)TEMPORARY STREAM IMPACTZONE 1 NEUSE RIPARIAN BUFFER IMPACTZONE 2 NEUSE RIPARIAN BUFFER IMPACTWETLAND IMPACTMOONLIT PLACE(50' PUBLIC R/W)STREET "D"(50' PUBLIC R/W)X:\Projects\AWH\AWH-19000\Land\Construction Drawings\Current Drawings\AWH19000-IM1.dwg, 5/21/2020 3:22:42 PM, jclark, 1:1 X:\Projects\AWH\AWH-19000\Land\Construction Drawings\Current Drawings\AWH19000-IM1.dwg, 5/21/2020 3:07:43 PM, Clark, Jonathan SHEPARDS PARK II PHASES 2A AND 2B IMPACT EXHIBIT - CULVERT CROSS SECTION ZEBULON, NORTH CAROLINA PROJECT NO.AWH-19000 FILENAME AWH19000-IM1 CHECKED BY JB DRAWN BY SRW SCALE 1"=40'/1"=4' DATE 05. 21. 2020 The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com PLAN INFORMATION GRAPHIC SCALE 0 20 40 80 1 inch = 40 ft.STREET "D"(50' PUBLIC R/W)MOONLIT P L A C E (50' PUB L I C R / W ) IMPACT AREA 3 X:\Projects\AWH\AWH-19000\Land\Construction Drawings\Current Drawings\AWH19000-IM1.dwg, 5/21/2020 3:07:36 PM, jclark, 1:1 X:\Projects\AWH\AWH-19000\Land\Construction Drawings\Current Drawings\AWH19000-IM1.dwg, 5/21/2020 3:05:47 PM, Clark, Jonathan SHEPARDS PARK II PHASES 2A AND 2B IMPACT EXHIBIT - IMPACT AREA 4 AND 5 ZEBULON, NORTH CAROLINA PROJECT NO.AWH-19000 FILENAME AWH19000-IM1 CHECKED BY JB DRAWN BY SRW SCALE 1"=20' DATE 05. 21. 2020 The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com PLAN INFORMATIONIMPACT AREA 4IMPACT AREA 5GRAPHIC SCALE01020401 inch = 20 ft.LEGEND:EXISTING WETLANDPERMANENT STREAM IMPACT (CULVERT)PERMANENT STREAM IMPACT (RIP RAP)TEMPORARY STREAM IMPACTZONE 1 NEUSE RIPARIAN BUFFER IMPACTZONE 2 NEUSE RIPARIAN BUFFER IMPACTWETLAND IMPACTX:\Projects\AWH\AWH-19000\Land\Construction Drawings\Current Drawings\AWH19000-IM1.dwg, 5/21/2020 3:05:38 PM, jclark, 1:1 N 05 4� L4V� ,(-n 3) �AC oo�' SHEET - AB — EXISTING AS -BUILT OF SANITARY SEWER STRUCTURES SHEPARDS PARK SUBDIVISION THOMPSON & ASSOCIATES, P.A. 1149 EXECUTIVE CIRCLE SUITE D2 CARY, NC 27511 (919) 465 - 1566 FAX (919) 465 - 1585 NC LICS C-0343 SURVEYING LAND PLANNING TILE RIVER TOWNSHIP AKE COUNTY N( 4TE 6/02/15 DF 'ALE I" = 100' Si : -VISIONS OWNER: BOEX, LLC ,RTH CAROLINA ZONED R-13-SUE AWN JEC JOB NO. RVEYED DRAWING SP-AB3 T27o6.18-31-5684 PIN 2706.04-53-6167 OWNER: BOEX, LLC PO DRAWER 7598 ST. PETERSBURG, FLORIDA 33734 (727) 498 — 3330 CONTROL CORNER N=232317.23 METERS E=672044.63 METERS NC GRID (NAD83) N=231554,675 METERS E=672573.066 METERS NC GRID (NAD83) cp AS —BUILT QUANTITIES llc� SANITARY SEWER MANHOLES 8" SANITARY SEWER LINE f'n 41 6707 LINEAR FEET AS PER THE APPROVED SPECIAL USE PERMIT: CERTIFICATION OF THE EXISTING SANITARY SEWER INFRASTRUCTURE MUST BE PROVIDED BY A LICENSED ENGINEER. CERTIFICATION MUST BE CONFIRMED THROUGH VIDEO DOCUMENTATION PROVIDED TO THE TOWN. CERTIFICATION MUST BE PROVIDED AND APPROVED PRIOR TO THE ISSUANCE OF A FINAL PLAT FOR THE DEVELOPMENT. CONSTRUCTION SEQUENCE- 1. CONTRACTOR SHALL CLEAR/CLEAN UP EXISTING SITE 2. ALL EXISTING SANITARY SEWER PIPES AND STRUCTURES SHALL BE CLEARED OF DEBRIS 3. ALL EXISTING SANITARY SEWER PIPES AND STRUCTURES SHALL BE VIDEOED TO INSURE COMPLIANCE 4. ALL EXISTING SANITARY SEWER PIPES AND STRUCTURES SHALL BE INSPECTED AND REPAIRED OR REPLACED AS REQUIRED 5. ALL EXISTING SANITARY SEWER PIPES AND STRUCTURE IMPROVEMENTS SHALL BE INSPECTED AND IF - REQUIRED, BE BROUGHT INTO COMPLAINCE WITH THE CITY OF RALEIGH PUBLIC UTILITY STANDARDS N C)9'47'33" E 1548.87' LEGEND ECM = EXISTING CONCRETE MONUMENT EIS = EXISTING IRON STAKE SS = SANITARY SEWER STM = STORM SEWER 0 = SANITARY SEWER CLEANOUT M = WATER VALVE 0 = WATER METER 080= BLOW OFF VALVE oyi = CURB INLET o = YARD INLET = FIRE HYDRANT SANITARY SEWER MANHOLE ASHPALT PAVEMENT NOTES ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES EXPRESSED IN U.S. SURVEY FEET UNLESS NOTED OTHERWISE. METER = 3,2808333333 U.S. SURVEY FEET. NO ACTUAL WATER METERS HAVE BEEN INSTALLED, ONLY THE WATER SERVICE LINES. SOME OF THE MANHOLES, WATER VALVES, AND BLOW OFF VALVES WITHIN THE STREETS ARE STILL COVERED WITH ASPHALT OR GRAVEL AND THEIR LOCATIONS ARE APPROXIMATE. THE END OF THE SEWER LINE ON LOT 20 IS APPROXIMATE. THERE IS NO EVIDENCE OF INSTALLED FORCE MAIN BEYOND THE END OF THE PAVED STREET IN PHASE 1. i-, -/ 'D T s 'A S Trc tJ C T u rl� L If.—.A1 �YWS ::4 V rya:., IN, y vv L L GRAPHIC' SCALE 100 200 ( IN f'FRT ) 1 inch = 100 ft. ' 1612 6 1 3' D. 77 (C7�- PLAN REPRESENTS FEILD LOCATED SANITARY SEWER STRUCTURES AT SHEPARDS PARK AS PER A FIELD SURVEY COMPLETED BY THIS OFFICE FEB 2014 MANHOLE RIM=282.09 INV IN=274.81 4.61 INV OUT-27 7/ SHEET AB-31 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 September 3, 2019 Kelly Roth McAdams 2905 Meridian Parkway Durham, NC 27713 Re: Construct Shepards Park II Subdivision, Shepard School Road & Old Bunn Road, Zebulon, Wake County, ER 19-2392 Dear Ms. Roth: Thank you for your letter of July 25, 2019, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer 4�p'�HT ❑r r 0 l'�pCN 3.,Sn United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27r6�366-3726 Date: 812 1 flGV 1 9 Self -Certification Letter Project Name 5 h e p a rd's Park 11 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 ❑I "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.f\vs.gov/raleigh/pp.himl. If you have any questions, you can write to us at Raleighh,@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 PROTECTED SPECIES ASSESSMENT > AWH-19000 2905 Meridian Parkway, Durham, NC 27713 / 919. 361. 5000 creating experiences through experience August 21, 2019 Raleigh Ecological Services Field Office U.S. Fish and Wildlife Service Via raleigh@fws.gov RE: Protected Species Assessment Shepard’s Park II Zebulon, Wake County, NC To Whom it May Concern: McAdams conducted a protected species assessment for the proposed Shepard’s Park II project in support of an anticipated application for a Section 404 Clean Water Act permit. The 80-acre project area is located on the north side of Old Bunn Road and east of Shepard School Road in Zebulon, Wake County, North Carolina. The proposed second phase of the Shepard’s Park development is located to the north of the first phase. The proposed Phase II residential development will include approximately 178 single family units and associated driveways, parking areas, stormwater management facilities, amenity areas and utilities. Figure 1 depicts the location of the project study area on the US Geological Survey (USGS) Zebulon, NC 7.5-minute quadrangle topographic map. Rawlings-Rion complex and Chewacla and Wehadkee soils map units occupy much of the study area. Figure 2 shows the location of the project study area on the Web Soil Survey map. Most of the property is forested with a mix of hardwoods and pines. Six acres in the northeast portion of the property are currently cropland and about 17 acres on the west side was under agricultural production until about 10 years ago and now consists of scrub-shrub vegetation. Additionally, there is a sanitary sewer easement that runs east-west just south of the Beaverdam Creek floodplain. Other land use in the vicinity includes residential, agricultural and forested land. The existing site conditions are shown on the attached Aerial Map (Figure 3) and Jurisdictional and Jurisdictional and Isolated Waters Delineation Map (Figure 4). On July 1, 2019, McAdams used the US Fish and Wildlife (USFWS) Information for Planning and Consultation (IPaC) website to obtain a list of threatened and endangered species that may occur in the proposed project location and/or may be affected by the proposed project. This process generates an Official Species List that is shown in Table 1. No Critical Habitats were identified within or within the vicinity of the project area. The Official Species List was updated, and a list of natural heritage resources was obtained from the NC Natural Heritage Program (NCNHP) on July 10, 2019. No records for rare species, important natural communities or natural areas were identified within the project study area. Conservation/managed areas within the project study area include Wake County Open Space and Town of Zebulon Open Space as depicted on the attached annotated Natural Heritage Map. PROTECTED SPECIES ASSESSMENT > AWH-19000 creating experiences through experience 2 of 8 Information regarding the appearance and habitat for each species identified were compiled. McAdams staff routinely visits the NC Botanical Garden to observe protected plant species identified on Official Species Lists during different stages of their life cycle, including into senescence. Before beginning the field survey for the protected species that may occur within the project study area, McAdams staff visited a known population of Michaux’s sumac in Wake County to help establish the most appropriate search image for this species. On August 8, 2019, two McAdams staff members conducted a pedestrian survey for Michaux’s sumac along all unpaved vehicle paths, field edges and sanitary sewer easements present within the project study area. Unidentified mussels were observed in Beaverdam Creek; however, no impacts to Beaverdam Creek are proposed. Photographs taken during the field evaluation are provided in Appendix A. Table 1. Federally Protected Species for the Project Study Area (7/10/2019) Scientific Name Common Name Federal Status Birds Picoides borealis Red-cockaded Woodpecker Endangered Amphibians Necturus lewisi Neuse River Waterdog Proposed Threatened Fishes Noturus furiosus Carolina Madtom Proposed Endangered Clams Fusconaia masoni Atlantic Pigtoe Proposed Threatened Alasmidonta heterodon Dwarf Wedgemussel Endangered Flowering Plants Rhus michauxii Michaux’s Sumac Endangered Red-cockaded Woodpecker (Picoides borealis) – Endangered Biological Opinion: No Effect “Description: The red-cockaded woodpecker (RCW) is a small bird measuring about 7 inches in length. Identifiable by its white cheek patch and black and white barred back, the males have a few red feathers, or "cockade". These red feathers usually remain hidden underneath black feathers between the black crown and white cheek patch unless the male is disturbed or excited. Female RCWs lack the red cockade. Juvenile males have a red 'patch' in the center of their black crown. This patch disappears during the fall of their first year at which time their 'red-cockades' appear. “Habitat: Red-cockaded woodpecker habitat includes forests with trees old enough for roosting, generally at least 60-120 years old, depending on species of pine. The most prominent adaptation of RCWs is their use of living pines for cavity excavation. “For nesting and roosting habitat, red-cockaded woodpeckers need open stands of pine containing trees 60 years old and older. RCWs need live, large older pines in which to excavate their cavities. Longleaf pines (Pinus palustris) PROTECTED SPECIES ASSESSMENT > AWH-19000 creating experiences through experience 3 of 8 are preferred, but other species of southern pine are also acceptable. Dense stands (stands that are primarily hardwoods, or that have a dense hardwood understory) are avoided. Foraging habitat is provided in pine and pine hardwood stands 30 years old or older with foraging preference for pine trees 10 inches or larger in diameter. In good, moderately-stocked, pine habitat, sufficient foraging substrate can be provided on 80 to 125 acres. “Roosting cavities are excavated in living pines, and usually in those which are infected with a fungus known as red- heart disease. The aggregate of cavity trees is called a cluster and may include 1 to 20 or more cavity trees on 3 to 60 acres. The average cluster is about 10 acres. Completed cavities that are being actively used have numerous, small resin wells which exude sap. The birds keep the sap flowing as a cavity defense mechanism against rat snakes and other tree climbing predators. “Hardwood midstory encroachment results in cluster abandonment; therefore, it is critical that hardwood midstory be controlled. Prescribed burning is the most efficient and ecologically beneficial method to accomplish hardwood midstory control.” (USFWS 2011) The project area lacks mature pine stands and thus does not contain suitable habitat for the red-cockaded woodpecker. Neuse River Waterdog (Necturus lewisi) – Proposed Threatened Biological Opinion: May affect, not likely to adversely affect Description: “The Neuse River waterdog (Necturus lewisi) is a permanently aquatic salamander. It can grow up to 11 inches long. It has a reddish brown body with an irregular pattern of large blue or black spots. The waterdog has a laterally compressed tail the same coloration as the body; however, the belly is typically a dull brown or gray color with spots similar to those seen elsewhere on the body. Adult Neuse River Waterdogs have elongated heads with squared-off noses, cylindrical trunks, and tails that are laterally compressed and ridged. Three dark-red, bushy gills project from either side of the head and a dark line runs through the eye. The skin is smooth, slimy and a light rusty brown color, with the belly being a paler brown or grayish. There are dark brown or blackish spots throughout the surface that are smaller on the underside. The limbs are rather small, and the front and hind feet have four toes each (unlike most salamanders, which have five toes on each back foot).” (USFWS 2019) Habitat: “The Neuse River waterdog specific habitat characteristics include low to moderate gradient streams and low current velocity. It is a fully aquatic salamander, never leaving the water. It lacks lungs, getting oxygen from the water via external gills and needs clean, flowing water with high dissolved oxygen concentrations. The species dwells in streams wider than 15 meters but has been found in smaller creeks. “The species thrives in cold water, and is much more active in colder seasons and when water is near-freezing. Researchers have documented activity decreasing after the water temperature rises above 18ºC. waterdogs spend about 85% of the time under large granite rocks or in burrows. In early spring they move into leaf beds over mud banks on the low-energy sides of riffles and where leaves were intact or only slightly decomposed and many small critters are in the leaf litter.” (USFWS 2019) PROTECTED SPECIES ASSESSMENT > AWH-19000 creating experiences through experience 4 of 8 Beaverdam Creek may contain suitable habitat for this species; however, the proposed project will not impact Beaverdam Creek. Areas of the project that may be impacted lack large, swift-flowing, perennial headwater streams and thus do not contain suitable habitat for the Neuse River waterdog. Carolina Madtom (Noturus furiosus) – Proposed Endangered Biological Opinion: May affect, not likely to adversely affect Description: “The Carolina madtom is a small catfish, reaching a maximum length of nearly five inches. When compared to other madtoms, the Carolina madtom has a short, chunky body and a distinct color pattern. Three dark saddles along its back connect a wide, black stripe along its side extending from its snout to the base of its tail. The adipose fin has a dark blotch that does not quite reach the fin’s edge, giving the impression of a fourth saddle. Yellowish to tan blotches space the saddles, while the rest of the fish is tan. The belly is un-speckled, and the tail has crescent-shaped brown bands near its edge and center. Its pectoral spines have well-defined serrated (saw-like) projections along both margins. Stinging spines in its pectoral fins, earn this fish the “furiosus” title that is part of its scientific name.” (USFWS 2019) Habitat: “The species occurs in riffles, runs, and pools in medium to large streams and rivers. Ideally, it inhabits fresh waters with continuous, year-round flow and moderate gradient in both the Piedmont and Coastal Plain physiographic regions. Optimal substrate for the Carolina madtom is predominantly silt-free, stable, gravel and cobble bottom habitat, and it must have cover for nest sites, including under rocks, bark, relic mussel shells, and even cans and bottles.” (USFWS 2019) Beaverdam Creek may contain suitable habitat for this species; however, the proposed project will not impact Beaverdam Creek. Areas of the project that may be impacted lack medium to large, swift-flowing perennial streams and thus do not contain suitable habitat for the Carolina madtom. Atlantic Pigtoe (Fusconaia masoni) – Proposed Threatened Biological Opinion: May affect, not likely to adversely affect “Appearance: The shell of the Atlantic pigtoe is a chunky, rhombus shape, like that of a pig’s hoof/toe. There is a distinct posterior ridge. The outer surface of the shell is yellow to dark brown and parchment-like, while the inner layer is iridescent blue to salmon, white, or orange. Although larger specimens exist, the Atlantic pigtoe rarely exceeds 2 inches in length. Young individuals may have greenish rays across the entire shell surface. When collected fresh, the interior surface (nacre) in the shell tends to be salmon colored and sometimes iridescent. Atlantic pigtoe has interlocking hinge “teeth” on the inside of the shell to help keep the two valves in proper alignment.” (USFWS 2018) “Habitat: The preferred habitat of the Atlantic pigtoe is coarse sand and gravel, and rarely in silt and detritus. Historically, the best populations existed in small creeks to larger rivers with excellent water quality, where flows were sufficient to maintain clean, silt-free substrates.” (USFWS 2018) Beaverdam Creek may contain suitable habitat for this species; however, the proposed project will not impact Beaverdam Creek. Areas of the project that may be impacted lack medium to large, swift-flowing perennial streams and thus do not contain suitable habitat for the Atlantic pigtoe. PROTECTED SPECIES ASSESSMENT > AWH-19000 creating experiences through experience 5 of 8 Dwarf Wedgemussel (Alasmidonta heterodon) – Endangered Biological Opinion: May affect, not likely to adversely affect “Description: The dwarf wedgemussel is a small bivalve, rarely exceeding 45 mm in length. Clean young shells are usually greenish-brown with green rays. As the animal ages, the shell color becomes obscured by diatoms or mineral deposits and appears black or brown. The shell is thin but does thicken somewhat with age, especially toward the anterior end. The anterior end is rounded while the posterior end is angular forming a point near the posterio- ventral margin. The ventral margin is only slightly curved. The nacre is bluish-white, appearing whiter in the thicker anterior end. The most distinctive shell character of the dwarf wedgemussel is the arrangement of the lateral teeth. There are two lateral teeth in the right valve and one in the left valve. The typical arrangement for most freshwater mussel species consists of two lateral teeth in the left valve and one in the right valve. The incurrent and excurrent apertures and their associated papillae are usually white. The foot and other organs are also white. Maximum age for the dwarf wedgemussel is around twelve years. The species is a bradytictic breeder, meaning that females become gravid in the early fall and glochidia are released by mid-spring. The tessellated darter (Etheostoma olmstedi), johnny darter (Etheostoma nigrum), and mottled sulpin (Cottus bairdi) have been identified as hosts for the dwarf wedgemussel. An anadromous fish may also serve as a host species but this has not been documented for the dwarf wedgemussel in the southern portion of its range. “Habitat: The dwarf wedgemussel appears to be a generalist in terms of its preference for stream size, substrate and flow conditions – it inhabits small streams less than five meters wide to large rivers more than 100 meters wide; it is found in a variety of substrate types including clay, sand, gravel and pebble, and sometimes in silt depositional areas near banks; and it usually inhabits hydrologically stable areas, including very shallow water along streambanks and under root mats, but it has also been found at depths of 25 feet in the Connecticut River. Dwarf wedgemussels are often patchily distributed in rivers.” (USFWS 2017) Beaverdam Creek may contain suitable habitat for this species; however, the proposed project will not impact Beaverdam Creek. Areas of the project that may be impacted lack perennial streams with highly stable banks and extensive root systems holding soils in place and thus do not contain suitable habitat for the dwarf wedgemussel. Michaux’s Sumac (Rhus michauxii) – Endangered Biological Opinion: May affect, not likely to adversely affect “Description: Michaux's sumac is a rhizomatous, densely hairy shrub, with erect stems from one to three feet in height. The compound leaves contain evenly serrated, oblong to lanceolate, acuminate leaflets. Most plants are unisexual; however, more recent observations have revealed plants with both male and female flowers on one plant. The flowers are small, borne in a terminal, erect, dense cluster, and colored greenish yellow to white. Flowering usually occurs from June to July, while the fruit, a red drupe, is produced through the months of August to October.” (USFWS 2017b) “Habitat: Michaux's sumac grows in sandy or rocky open woods in association with basic soils. Apparently, this plant survives best in areas where some form of disturbance has provided an open area” (USFWS 2017b). Although the USFWS website states that Michaux’s sumac grows in open woods in association with basic soils, the species recovery plan states that the species grows in “open woods on acidic soils with low cation exchange capacity” (USFWS 1993). PROTECTED SPECIES ASSESSMENT > AWH-19000 creating experiences through experience 6 of 8 Unpaved vehicle paths, field edges and sanitary sewer easements within the project study area contain suitable habitat for Michaux's sumac. NCNHP data from July 2019 indicates no documented occurrences of Michaux's sumac within one mile of the project study area. McAdams staff conducted a field survey of the suitable habitat as described above during the optimal survey window for this species and did not observe Michaux's sumac within the project area. Northern Long-eared Bat (Myotis septentrionalis) – Threatened Biological Opinion: May affect, not likely to adversely affect “Appearance: The northern long-eared bat is a medium-sized bat with a body length of 3 to 3.7 inches but a wingspan of 9 to 10 inches. Their fur color can be medium to dark brown on the back and tawny to pale-brown on the underside. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis.” “Winter Habitat: Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They use areas in various sized caves or mines with constant temperatures, high humidity, and no air currents. Within hibernacula, surveyors find them hibernating most often in small crevices or cracks, often with only the nose and ears visible.” “Summer Habitat: During the summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities or in crevices of both live trees and snags (dead trees). Males and non-reproductive females may also roost in cooler places, like caves and mines. Northern long-eared bats seem to be flexible in selecting roosts, choosing roost trees based on suitability to retain bark or provide cavities or crevices. This bat has also been found rarely roosting in structures, like barns and sheds.” (USFWS 2018) Northern long-eared bat is not listed on the USFWS Wake County species list. PROTECTED SPECIES ASSESSMENT > AWH-19000 creating experiences through experience 7 of 8 Conclusions/Recommendations The project area contains suitable habitat for Michaux’s sumac. A biological opinion of “may affect, not likely to adversely affect” was determined for Michaux’s sumac based on no individuals observed during a field survey conducted within the optimal survey window for this species. A biological opinion of “no effect” was determined for red-cockaded woodpecker based on a lack of suitable habitat within the project area. Although Beaverdam Creek contained unidentified mussels and may contain suitable habitat for the listed aquatic species, a biological opinion of “may affect, not likely to adversely affect” was determined for the Neuse River waterdog, Carolina madtom, Atlantic pigtoe and dwarf wedgemussel because the proposed project will not impact Beaverdam Creek and areas of the site that may be impacted do not contain suitable habitat for these species. We request your review and comments on this protected species assessment. Sincerely, MCADAMS Kelly Roth Environmental Consultant II, Water Resources Attachments: Figure 1. USGS Map Figure 2. Soil Survey Map Figure 3. Aerial Map Figure 4. Delineation Map USFWS Official Species List (7/1/2019) NCNHP Site Information (7/10/2019) Appendix A. Habitat Photographs Species Conclusion Table PROTECTED SPECIES ASSESSMENT > AWH-19000 creating experiences through experience 8 of 8 Literature Cited U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2011. Red-cockaded Woodpecker | Species Information, https://www.fws.gov/raleigh/species/es_red-cockaded_woodpecker.html. U.S. Fish and Wildlife Service. “Northern Long-Eared Bat Fact Sheet.” Northern Long-Eared Bat | Species Information, 12 Mar. 2018, www.fws.gov/midwest/endangered/mammals/nleb/nlebFactSheet.html. U.S. Fish and Wildlife Service/Southeast Region. 2019. Neuse River Waterdog | Species Profile, https://www.fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/. U.S. Fish and Wildlife Service/Southeast Region. 2019. Carolina Madtom | Species Profile, https://www.fws.gov/southeast/wildlife/fishes/carolina-madtom/. U.S. Fish and Wildlife Service/Southeast Region. 2018. Atlantic Pigtoe | Species Profile, https://www.fws.gov/southeast/wildlife/mussels/atlantic-pigtoe/. U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017. Dwarf wedgemussel | Species Information, https://www.fws.gov/raleigh/species/es_dwarf_wedgemussel.html. USFWS (N. Murdock and J. Moore.). 1993. Michaux’s Sumac Recovery Plan. Atlanta, Georgia: U.S. Fish and Wildlife Service. 30 pp. U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017(a). Michaux’s Sumac | Species Information, www.fws.gov/raleigh/species/es_michauxs_sumac.html. 0 2,0001,000 Feet1 inch = 2,000 feet $ FIGURE 1. USGS TOPOGRAPHIC VICINITY MAPSHEPARD'S PARK IIZEBULON, WAKE COUNTY, NC NOTES:1. USGS; 7.5 MINUTE, QUAD, "ZEBULON", NORTH CAROLINA; 20162. LAT: 35.842826, LONG: -78.309843 7/29/2019 pierzgaAWH-19000DATE:JOB NO:DRAWN BY: X:\Projects\AWH\AWH-19000\Storm\Natural Resources\GIS\AWH19000_Fig 1 USGS.mxd, 7/29/2019 5:23:07 PM, pierzga PROJECT AREA S1 (Beaverdam Creek) 1VERSION: S2 P1 ChA RgC RgD RgC WfB RgD WfB RgC RgC W VaB AaA ChA WfB WfB RgC RgD HeB RgC RgB RgC NC Center for Geographic Information & Analysis 0 300150Feet1 inch = 300 feet $ FIGURE 2. NRCS WEB SOIL SURVEYSHEPARD'S PARK IIZEBULON, WAKE COUNTY, NC NOTES:Web Soil Survey SSURGO Spatial Data: Wake County (Version 11, Sep 10, 2018) X:\Projects\AWH\AWH-19000\Storm\Natural Resources\GIS\AWH19000_Fig 2A Web Soil Survey.mxd, 8/2/2019 3:22:36 PM, roth 8/2/2019 rothAWH-19000DATE:JOB NO:DRAWN BY: 1VERSION: 2017 Map Unit Symbol Map Unit Name Hydric Soil RatingAaAAltavista fine sandy loam, 0 to 4 percent slopes, rarel y flooded 2ChAChewacla and Wehadkee soils, 0 to 2 percent slopes, frequently flooded 45HeBHelena sandy loam, 2 to 6 percent slopes 0RgBRawlings-Ri on complex, 2 to 6 percent slopes 0RgCRawlings-Ri on complex, 6 to 10 percent slopes 0RgDRawlings-Ri on complex, 10 to 15 percent slopes 0VaBVance sandy loam, 2 to 6 percent slopes 0WWater0WfBWedowee-Saw compl ex, 2 to 6 percent slopes 0 NC Center for Geographic Information & Analysis 0 250125Feet1 inch = 250 feet $ LEGEND Proje ct area 2 ft conto urs FIGURE 3. AERIAL MAPSHEPARD'S PARK IIZEBULON, WAKE COUNTY, NC X:\Projects\AWH\AWH-19000\Storm\Natural Resources\GIS\AWH19000_Fig 3 Aerial.mxd, 7/29/2019 5:23:49 PM, pierzga 7/29/2019 pierzgaAWH-19000DATE:JOB NO:DRAWN BY: 1VERSION: 2017 0 250125Feet1 inch = 250 feet $ LEGEND Stream Pon d Wetland Marginal wetland 50-ft Neu se River riparian buffer Proje ct area 2 ft conto urs FIGURE 4. JURISDICTIONAL AND ISOLATED WATERS DELINEATION MAPSHEPARD'S PARK IIZEBULON, WAKE COUNTY, NC X:\Projects\AWH\AWH-19000\Storm\Natural Resources\GIS\AWH19000_Fig 4 Delineation Map.mxd, 8/7/2019 11:14:18 AM, roth 8/7/2019 rothAWH-19000DATE:JOB NO:DRAWN BY: 1VERSION: S1 START (P)(Beaverdam Creek - Continues from off site)+/- 2,310 lf S2b STOP S4 START (I) (Continues from off site)+/- 430 lf S2a START (I)+/- 333 lf P1+/- 1.77 ac S3b START (I)+/- 192 lf S3a START (I)+/- 118 lf W1+/- 1.006 ac W2+/- 1.139 ac W3+/- 0.001 ac W4+/- 0.153 ac W5+/- 0.561 ac W6+/- 0.315 ac W7+/- 0.067 ac W8+/- 0.027 ac W9+/- 0.629 ac W10+/- 0.232 ac S4 END S2a STOP S2b START (I)+/- 810 lf S2 START (I)+/- 165 lf S2b END S3b END S3a STOP S6 START (I)+/- 26 lf S5 (I)+/- 11 lf Marginal isolated wetland United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2019-SLI-1142 Event Code: 04EN2000-2019-E-02591 Project Name: Shepards Park 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 (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. 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 July 01, 2019 07/01/2019 Event Code: 04EN2000-2019-E-02591   2    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/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/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 john_ellis@fws.gov. 07/01/2019 Event Code: 04EN2000-2019-E-02591   3    Attachment(s): ▪Official Species List 07/01/2019 Event Code: 04EN2000-2019-E-02591   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 07/01/2019 Event Code: 04EN2000-2019-E-02591   2    Project Summary Consultation Code:04EN2000-2019-SLI-1142 Event Code:04EN2000-2019-E-02591 Project Name:Shepards Park Project Type:DEVELOPMENT Project Description:Residential development by Starlight Homes LLC Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.84274587971294N78.30954715618228W Counties:Wake, NC 07/01/2019 Event Code: 04EN2000-2019-E-02591   3    Endangered Species Act Species There is a total of 6 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 Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME STATUS Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6772 Proposed Threatened Fishes NAME STATUS Carolina Madtom Noturus furiosus There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/528 Proposed Endangered 1 07/01/2019 Event Code: 04EN2000-2019-E-02591   4    Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5164 Proposed Threatened Dwarf Wedgemussel Alasmidonta heterodon No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/784 Endangered Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. NCNHDE-9603 July 10, 2019 Alec Pierzga The John R. McAdams Company Inc. 2905 Meridian Pkwy Durham, NC 27713 RE: Shepards Park; AWH-19000 Dear Alec Pierzga: 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: https://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 rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Shepards Park Project No. AWH-19000 July 10, 2019 NCNHDE-9603 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Dragonfly or Damselfly 32043 Coryphaeschna ingens Regal Darner 2004-Pre H?5-Very Low ---Significantly Rare G5 S2? No Natural Areas are Documented Within a One-mile Radius of the Project Area Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type Wake County Open Space Wake County: multiple local government Local Government Wake County Open Space Wake County Local Government Town of Zebulon Open Space Town of Zebulon Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on July 10, 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 Powered by TCPDF (www.tcpdf.org) Page 3 of 3 PROTECTED SPECIES ASSESSMENT > AWH-19000 creating experiences through experience 1 of 2 Appendix A. Habitat Photographs Photo 1. Perennial stream S1 (Beaverdam Creek) facing upstream at confluence with S2 (7/2/2019) Photo 2. Perennial stream S1 (Beaverdam Creek) facing downstream at confluence with S2 (7/2/2019) PROTECTED SPECIES ASSESSMENT > AWH-19000 creating experiences through experience 2 of 2 Photo 3. General view of Beaverdam Creek facing downstream (7/26/2019) Photo 4. Close up of bed substrate in Beaverdam Creek (7/26/2019) PROTECTED SPECIES ASSESSMENT > AWH-19000 creating experiences through experience 3 of 2 Photo 5. Unidentified mussel shell found on the bank of Beaverdam Creek (7/26/2019) Photo 6. Unidentified mussel in Beaverdam Creek (7/26/2019) PROTECTED SPECIES ASSESSMENT > AWH-19000 creating experiences through experience 4 of 2 Photo 6. Intermittent stream feature S2b (on downstream side of P1) facing downstream (7/2/2019) Species Conclusions Table Project Name: Shepard’s Park II Date: 08/21/2019 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Red-cockaded Woodpecker Picoides borealis No suitable habitat present No effect Habitat assessment indicates no potential habitat present (mature pine stands are absent within the project area) Neuse River Waterdog Necturus lewisi No suitable habitat present May affect, not likely to adversely affect Habitat assessment indicates no potential habitat present in areas that may be disturbed (large, swift-flowing perennial headwater streams are absent) Carolina Madtom Noturus furiosus No suitable habitat present May affect, not likely to adversely affect Habitat assessment indicates no potential habitat present in areas that may be disturbed (medium to large, swift-flowing perennial streams are absent) Atlantic Pigtoe Fusconaia masoni No suitable habitat present May affect, not likely to adversely affect Habitat assessment indicates no potential habitat present in areas that may be disturbed (medium to large, swift-flowing perennial streams are absent) Dwarf Wedgemussel Alasmidonta heterodon No suitable habitat present May affect, not likely to adversely affect Habitat assessment indicates no potential habitat present in areas that may be disturbed (perennial streams with highly stable banks and extensive root systems holding soils in place are absent) Michaux’s Sumac Rhus michauxii Suitable habitat present, species not present May affect, not likely to adversely affect Survey conducted by qualified surveyor on 8/8/2019 (during optimal survey window) indicated absence. Critical Habitat No critical habitat present No effect Bald Eagle Haliaeetus leucocephalus Unlikely to disturb nesting bald eagles No Eagle Act permit required No known nest within action area and not within 11 miles Northern Long-eared Bat Myotis septentrionalis Suitable habitat present No effect NLEB not listed for Wake County 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. _______________________________________________________________ 8/21/2019 Signature /Title Date