20201232 Ver 1_401 Application_20201021

DWR
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#*
20201232 1
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
r $570.00
Reviewing Office *
Select Project Reviewer*
Raleigh Regional Office - [phone]
Stephanie Goss:eads\szgoss
Information for Initial Review
1a. Name of project:
Aspire at Cary Pointe
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email:*
[e-mail]
Date Submitted
10/21/2020
Nearest Body of Water
Panther Creek
Basin
Cape Fear
Water Classification
WS-N;NSW
Site Coordinates
Latitude:
35.813026
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
r Yes r No
Longitude:
-78.875390
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:*
[phone]
V
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: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular F- 401 Water Quality Certification - E)press
r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: r Yes r No
For the record onlyfor Corps Permit: r Yes r No
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner 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:
Balaji Commercial, LLC
2b. Deed book and page no.:
Book: 017061 Page: 01502, Book: 016683 Page: 01360
2c. Responsible party:
Ashok Biyyala
2d.Address
Street Address
1058 Kennicott Ave
Address Line 2
City
Cary
Postal / Zip Code
27513
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / Rwince / Ifgion
NC
Country
United States
2f. Fax Number:
3. Applicant Information (if different from owner)

3a. Name:
Ryan Klaff
3b. Business Name:
BRG Route 55, LLC
3c.Address
Street Address
104 Hume Avenue
Address Line 2
City
Alexandria
Postal / Zip Code
22301
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil and Environmental Consultants, PA
4c.Address
Street Address
8412 Falls of Neuse Road, Suite 104
Address tine 2
city
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
State / Province / Fegion
VA
Country
United States
3e. Fax Number:
State / Province / Region
NC
Country
United States
4e. Fax Number:
[phone]
Agent Authorization Letter*
SEC Agent Authorization Form Applicant - EXECUTED 2020.09.14.pdf 101.62KB
C. Project Information and Prior Project History u
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality / town:
Cary
2. Project Identification
2a. Property Identification Number:
0735701815 & 0735605736
2c. Project Address
Street Address
2525 Morrisville Parkway
Address Line 2
City
Cary
Postal / Zip Code
27519
3. Surface Waters
2b. Property size:
+/- 8.22
State / Province / Region
NC
Country
United States
3a. Name of the nearest body of water to proposed project:*
Panther Creek

3b. Water Resources Classification of nearest receiving water:*
WS-IV;NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020605
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
Existing conditions onsite consist of forested land. There is one (1) perennial stream feature (SA), one (1) intermittent stream feature (SB), one linear wetland (LW1), and two (2)
vetland features (W2 & W3). SA runs along the southern property boundary with adjacent wetlands W2 and LW1. SB runs along the western side of the property with W3 at its
headwaters. General land use in the vicinity of of the project consists primarily of residential developments with some commercial development just to the south. Morrisville Parkway
bounds the property to the North and Highway 55 bounds the property to the East.
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)
Cary Point USGS 2019.pdf
2.57MB
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)
Cary Point SS 2019.pdf 831.8KB
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 0.44 acres
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 915.54 LF
4h. Explain the purpose of the proposed project:*
The purpose of this project is to construct a residential development and its necessary infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The overall project consists of the construction of an age restriced Residential Development, including but not limited to roads, parking, residential building, amenities and utilities.
Specifically, there is one (1) road crossing that impacts a wetland and a stream, one area of lot fill that impacts a wetland, and one (1) utility crossing that impacts a stream. Equipment
typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. vdll be utilized for this project.
4j. Please upload project drawings for the proposed project.
C-1.0_W&S.pdf 1.14MB
SITE IMPACT TOTALS_WETAND & STREAM.pdf 1.58MB
490-19_AREA 1.pdf 546.24KB
490-19_AREA 1_Profiles.pdf 312.08KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2019-02253
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil & Environmental Consultants, PA
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USAGE: Field determination was completed by James Lastinger on December 12, 2019 and PJD was issued on April 1, 2020.
Riparian buffer determination and site visit was completed by Eric Kulz of the Town of Cary on March 30, 2017 (TCRB 17-005).
Sd1. Jurisdictional determination upload
SAW-2019-02253 signed PJD.pdf
TCRB 17_005_Morrisville Pkwyat NC- 55.pdf
5.19MB
3.51 MB
6. Future Project Plans

6a. Is this a phased project?*
r Yes r No
Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
it is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries ❑ Buffers
r Open Waters F Pond Construction
2. Wetland Impacts
2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name * 2e. Forested* 2C Type of 2g. Impact
Jurisdicition*(?) area
Im act 1A
P
Road Crossing
9
P
Headwater Forest
W3
Yes
Both
0.061
(acres)
Im act 1C
P
Lot Fill J
Headwater Forest
�W3
Yes
Both
0.008
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.069
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.069
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name *
3e. Stream Type *
Type of
3gSwidth *
3h. Impact(?)
❑
�[3f.
urisdiction*
length*
S1
Impact 1A-Road Crossing
P 9
Permanent
Culvert
Stream B
Intermittent
Both
4
69
(Culvert & Headwalls)
Average (feet)
(lir�rfeet)
g2
Impact 1A-Dissipator Pad
Permanent
Other
Stream B
Intermittent
Both
4
27
(Permanent -No permanent
Average (fee)
(li �rfcet)
loss)
S3
Impact 1 B-Utility Crossing
Temporary
Other
Stream B
Intermittent
Both
4
32
Average (feet)
(linearfeet)
S4
Impact 1A-Temporary
Temporary
Other
Stream B
Intermittent
Both
4
10
Construction
Average (feet)
(lin�rfeet)
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
96
31. Total stream and ditch impacts:
138
31. Total temporary stream impacts:
42
3j. Comments:
Total permanent loss stream = 69 LF, Total permanent -no permanent loss stream = 27 LF. Total temporary stream = 42 LF. Temporary stream
impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized. Riprap dissipator pad to be constructed
such that post -construction elevation not to exceed pre -construction elevation of the stream (i.e. no permanent loss).
E. Impact Justification and Mitigation u
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:

S&EC completed a detailed wetland and stream delineation for the entire property in order to identify natural resources so that impacts could be
avoided and minimized to the maAmum extent practicable. Impact area 1A is proposed permanent and temporary stream and permanent wetland
impacts for a road crossing. This crossing is necessary to serve as a single, full access drive from Morrisville Parkway. The Town of Cary required that
the full access drive line up with the eAsting driveway on the north side of Morrisville Parkway, in addition there is an eAsting median from the eAsting
drive going east to Highway 55. There are two other access drives off Morrisville Parkway however they are right in, right out only. The full access
drive was designed to serve this property and any future development to the west of this property. Headwalls have been utilized to minimize impacts.
The "permanent -no permanent loss" impacts for the dissipator pad Will be constructed such that post construction the top elevation of the riprap pad
shall not exceed the pre -construction elevation of the stream bed, additionally it will assist with velocities and stream erosion. Impact area 1 B is
proposed temporary stream impact for a utility crossing. The utility crossing has been designed at a perpendicular angle to minimize stream impacts.
Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks Will be stabilized. Impact 1 C is
proposed permanent loss wetland impacts for lot fill. This impact is necessary per the Town of Cary Planned Development District (PDD) rezoning
case which required a parking ration to be 1.25 spaces per dwelling unit. This calculates out as; 1.25 x 138 units = 172.5 = 173 required parking
spots. Given the building footprint that was delivered from the architects, the site restrictions such as riparian buffers and street yard buffers with their
associated setbacks, and the parking requirements that have to be met, this site layout has been redesigned many times to meet all requirements. Per
the above requirements above and the retaining walls that have been utilized, the proposed wetland impacts have been minimized to the maximum
extent practicable.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
This development proposes two (2) temporary sediment basins, multiple associated temporary diversion ditches with rock check dams, silt fence with
silt fence outlets, tree protection fencing, two (2) temporary construction entrances, a concrete washout station, and gravel bag inlet protection for
relevant eAsting storm structures and for proposed storm devices during construction.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Total permanent wetland impacts are less than 0.10 acre and total permanent stream impacts are less than 150 LF, therefore compensatory mitigation in the form of mitigation payment
has not been proposed. However the proposed project has avoided and minimized stream and wetland impact to meet the mitigation requirements.
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 INC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?
i— 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 stormwater flow through the buffer
Diffuse Flow Documentation
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
F WA - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
17 Local Government r State
Local Government Stormwater Programs
W Phase II r NSW r USMP W Water Supply
Please identify which local government stormwater program you are using.
Town of Cary
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*

r' Yes C 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
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.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. The Aspire at Cary Pointe project is a residential development. Additionally, the project is located within the town of Cary
ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the
Jordan Watershed Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to
"diffuse flow" requirements and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II
NPDES Stornmeter Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to
post -construction stormwater management requirements; and 3) the Water Supply, Watershed Protection Program which limits development densities
as well as requires protective riparian buffers. We anticipate that the DWR will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor NIA
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.
Non -discharge wastevoter will be generated and treated at the Western Wake WRF, which holds a capacity of 18 million gallons per day.
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?
S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a
query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on
August 28, 2020. Responses from the USFWS must be within 30 days of the sent request date. S&EC received no response meaning that they
concurred with the determinations made by S&EC that the proposed actions is not likely to adversely affect any federally -listed endangered or
threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
Please see attached S&EC Threatened & Endangered Species report.
Consultation Documentation Upload
S&EC Cary Pointe T&E Report signed.pdf 11.35MB
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?*
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
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?*
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on August 24, 2020, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries. Additionally, no structures epst within the property boundaries.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer
Miscellaneous 61
Comments
Miscellaneous attachments not previously requested.
Signature
W By checking the box and signing below, I certify that:
I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Deborah E. Shirley
Signature
Date
10/21 /2020
V

AGENT AUTHORIZATION

Project Name/Description: Cary Pointe S&EC Project # 13134

Date: _________________

The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403

Attn: James Lastinger Field Office: Raleigh Regulatory Field Office

I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for
the processing, issuance and acceptance of a permit or certification and any and all associated standard
and special conditions. This notification supersedes any previous correspondence concerning the agent for
this project.

PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0735701815 & 0735605736
Site Address: Morrisville Parkway/Highway 55
City, County, State: Cary, Wake County, NC, 27519

APPLICANT INFORMATION:
Name:
Mailing Address:
Telephone Number:
Email:

_________________________________________ ________________________
Applicant (please print) Date

Applicant Signature

We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
BRG Route 55, LLC
104 Hume Avenue, Alexandria, VA 22301
703-244-1161
[e-mail]
BRG Route 55, LLC Attn: Ryan Klaff September 14, 2020
September 14, 2020

Project Number:
SBProject Manager:
1" = 1000'Scale:
10/31/2019Date:
Map Title:
Source:
Figure 1 - USGS Map
Morrisville Parkway/NC 55 Property
Wake County, NC
2019 NC Cary &
Green Level Quads
¯0 1,000 2,000
Feet
13134.W7

NC Center for Geographic Information & Analysis
Project Number:
SBProject Manager:
1" = 500'Scale:
10/31/2019Date:
Map Title:
Source:
Figure 2 - Soil Survey
Morrisville Parkway/NC 55 Property
Wake County, NC
Wake County Soil
Survey Sheet 45
¯0 500 1,000
Feet
13134.W7
42"L2L3L4L5L6EIPEIPWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW18"PINE20'SDSDSDSD SD SD SD
SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDWETLWETLXXXXXXXXXOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOWETL
WETLWETLWETLWETLWETLWETLWETLWE
T
L
W
E
T
L
WETLWETLWETL330'335'3
3
5
'340'
3
4
0
'345'345'350'350'350'355'355'355'360'360'360'365'365'365'370'375'315'320'325'335'340'345'339'345'337'341'345'350'340'345'346'347'348'349'350'351'345'NC HIGHWAY 55VARIABLE WIDTH PUBLIC R/WWVWVFHAGV100'50'LOT 1EXTRA SPACE PROPERTIESNINETY EIGHT, LLCDB 15863, PG 895BM 1980, PG 364PIN: 0735-70-2552TRACT TWOPIN: 0735-70-4901188,828 S.F.4.33 AC.3727 N.C. 55 HWY.ZONING: PDDEX. PROPERTYLINE TO BEREMOVED WITHRECOMBINATIONEX. WETLAND15,895 SF(0.365 AC)EX. STREAM(TYP.)EX. STREAM TOPOF BANK (TYP.)EX. RIPARIANBUFFER - ZONE 1(TYP.)EX. RIPARIANBUFFER - ZONE 2(TYP.)EX. RIPARIAN BUFFER -TOWN OF CARY URBANTRANSITION BUFFER(TYP.)EX. RIPARIANBUFFER - ZONE 1(TYP.)EX. RIPARIANBUFFER - ZONE 2(TYP.)EX. STREAM(TYP.)EX. RIPARIANBUFFER -ZONE 1 (TYP.)21"PINE18"PINE20"PINE20"PINE27"OAK36"POPLAR18"POPLAR18"POPLAR22"BEACH21"PINE21"PINEPINE18"PINE18"PINE19"PINE20"PINE19"18"PINE18"PINE18"PINE18"PINE18"PINE12"PINE25"PINEPINE19"18"PINEPINE19"PINE24"PINE22"PINE21"PINE22"10"POP10"POP23"PINE16"PINE14"PINE20"PINE14"PINE21"POP23"OAK23"OAK15"GUM14"OAK14"OAK11"OAK13"MAPLE17"OAK19"OAK19"GUM18"19"OAKOAK19"OAK20"OAK21"OAK18"PINEGUM18"POPPOPPOPPOPPOPPOP24"19"GUMOAK19"21"OAK26"MAPLE20"MAPLE20"24"26"18"20"SYCAMORE22"POP26"21"MAPLE19"ASH20"ASHPOP28"PINE24"19"POPPINE21"PINE19"PINE19"PINE21"GUM20"GUM21"23"OAKOAKOAK20"24"OAK27"OAK20"OAK20"OAK19"OAK29"19"POP18"OAK20"PINE17"PINE18"PINEGUM11"24"OAK22'OAK18"PINE20"PINE20"PINE23"PINE21"PINE13"PINE13"PINE13"PINE19"PINE15"PINE14"PINE18"PINE12'PINE11"PINE14"PINE17'PINE19"OAK19"OAK19"PINE10"PINE10"PINE13"PINE12"PINE16"PINE14"PINE14"PINE16"PINE11"PINE15"PINE21"PINE12"PINE11"PINE11"PINE10"PINE22"PINE13'MAPLE19"PINE12"PINEMAPLE10"11"GUM11"GUM21"PINE21"PINE20"PINE18"PINE18"OAK21"PINEMAPLE10"POP19'GUM12"GUM12"13"PINEPOP11"12"GUMPOPLAR21"POPLAR19"18"PINE10"GUM21"GUM14"MAPLE23"OAK19"OAK18"OAK16"ASHPOP10"MAPLEPINE16"21'PINEOAK30"OAK24"OAK20"BEACHBEACHBEACH23"25"21"PINE18"EX. PROPERTYLINE TO BEREMOVED WITHRECOMBINATIONDROP INLETTOP(GRATE): 343.82'INV.OUT: 340.15'(18"RCP), INLET TOBE REMOVED, SEESHEET C-4.0TOP: 362.43'OUT: 356.33'TOP: 357.10'IN: 348.10'OUT: 348.00'TOP: 350.50'IN: 345.72'OUT: 345.69'42" FES330.6'24" RCP340.3'18" RCP343.1'12" CMP342.3'42"338.3'42" FES325.8'8"337.0'DITOP: 377.86'8"336.3'TRACT ONEPIN: 0735-60-8872205,519 S.F.4.72 AC.3741 N.C. 55 HWY.ZONING: PDDVAULT±388 LF EX. GUARDRAIL, TO BE REMOVED,SEE SHEET C-2.0 FOR PROPOSEDLOCATION OF NEW GUARDRAILEX. GUARDRAILTO REMAIN5' ACCESSORY USE/VUASETBACK FROM UTB10' PRINCIPAL USESETBACK FROM UTBPIN: 0735-60-2672261,679 S.F.6.00 AC.3301 MORRISVILLE PKWY.ZONING: PDDTOP: 343.30'IN: 339.34'OUT: 339.26'± 64 LF C&G TOBE REMOVED± 443 SF SIDEWALKTO BE REMOVED± 62 LF C&G TOBE REMOVED± 2,291 SF ASPHALTTO BE REMOVEDTOP: 338.92'IN: 334.38'OUT: 334.30'EX. 12" DIP WATER LINEEX. 4" PVC RECLAIMEDWATER LINEEX. GUARDRAIL, TO BEREMOVED, SEE SHEETC-2.0 FOR PROPOSEDLOCATION OF NEWGUARDRAIL100' TOWN OF CARYURBAN TRANSITIONBUFFER (TYP.)100' TOWN OF CARYURBAN TRANSITIONBUFFER (TYP.)EX. CENTERLINEASPHALTGREENWAYPINCHED IRONPIPE FLUSHPERMANENTDRAINAGE EASEMENT(DB 10176, PG 50450'
RIPARIAN
BUFFERZONE 1ZONE 2ZONE 1ZONE 2ZONE 1CONCRETE S/W VARIABLE WIDTHSLOPE EASEMENTGVTOP/BANKTOP/BANKTOP/BANKWETLANDFLAGSTOWN LIMIT/ZONING LINE(B.M. 2013 PG. 515)ZONE 3ZONE 33' TOC UTILITYEASEMENT3' TOC UTILITYEASEMENT(BM 2012, PG 303)SLOPEEASEMENTB.M. 2012 PG. 2093' TOWN OF CARY UTILITYEASEMENTB.M. 2012 PG. 301PERMANENTDRAINAGE EASEMENT(DB 10176, PG 50450'50' RIPARIANBUFFEREX. WETLAND3,437 SF(0.079 AC)ALL EX. PAVEMENT MARKINGSBETWEEN THIS POINT ANDTHE HWY 55 INTERSECTIONWITHIN EASTBOUND TRAVELTO BE REMOVED BY MILLING,REFER TO SHEET RW-1.0 FORNEW PAVEMENT MARKINGSWV(TYP.OF 3)42"EX. RIPARIANBUFFER - ZONE 2(TYP.)ZONE 2EX. 6" PVC RECLAIMEDWATER LINEEX. FHA, TO BERELOCATEDS 06°11'12" E 289.27'S 89°17'10" W 393.22'S 61
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N 00°09'27" E 362.53'N 89°48'24" W 520.92'S 01°07'38" W 200.14'N 74°32'21" W 191.78'S 84°47'41" W 294.67'5/8" IRONPIPE 0.1'AG1/2" IRONPIPE SET1/2" IRONPIPE SETPINCHED IRONPIPE FLUSH5/8" IRONPIPE 0.1'AG5/8" IRONPIPE FLUSH5/8" IRONPIPE 0.2'BGC3C4C1C2C 5L7 L8
S 89°15'54" E 227.22'CONTROL CORNERN: 750,628.15E: 2,036,590.571/2" IRONPIPE SETTIE TO THEINTERSECTION5/8" IRONPIPE 0.2'BG1/2" IRONPIPE SET1/2" IRONPIPE SETL5A1/2" IRONPIPE SET1/2" IRONPIPE SETS 89°28'13" E 289.48'N 01°09'21" E 185.08'
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'± 451 SF SIDEWALKTO BE REMOVED1/2" IRONPIPE SETSLOPEEASEMENTB.M. 2012 PG. 301,TO BE ABANDONED3' TOC UTILITYEASEMENT(BM 2012, PG 301)50' RIPARIAN BUFFEREX. STREAMTOP OFBANK (TYP.)TOWN LIMIT/ZONING LINE (B.M. 2013 PG. 515)VARIABLE WIDTHSLOPE EASEMENT(BM 2012, PG 303),TO BE ABANDONEDSLOPEEASEMENTB.M. 2012 PG. 301,TO BE ABANDONEDMORRISVILLE PARKWAYVARIABLE WIDTH PUBLIC R/W100'50'DRAINAGEEASEMENTB.M. 2012 PG. 209WETLANDFLAGSSTREAM AWETLAND W2STREAM BWETLAND W3C-1.0490-19SITE WETLAND & STREAM IMPACTS
EXISTING CONDITIONS & DEMOLITION PLAN1 inch = 50 ft.( IN FEET )GRAPHIC SCALE0505010020025FOR EXHIBIT ONLYNOT FOR CONSTRUCTIONNAD83 LEGEND STRUCTURE TO BE REMOVEDFCESTXOUWSSSDSURVEY LEGEND AND NOMENCLATUREEX. IRON PIPE/ROD OR NAILEX. CONCRETE MONUMENTNEW IRON PIPECALCULATED POINTCABLE PEDESTALTELEPHONE PEDESTALELECTRIC PEDESTALFIBER-OPTIC MARKERTRAFFIC SIGNAL BOXWATER METERFIRE HYDRANTVALVE (WATER OR GAS)SANITARY SEWER MANHOLESANITARY SEWER CLEANOUTSTORM CURB INLETDRAINAGE INLET (W/ GRATE)STORM DRAIN MANHOLEUTILITY POLELAMP POSTSIGNAL POLEGUY WIRESIGN POSTFENCEOVERHEAD UTILITYWATERSANITARY SEWERSTORM DRAINDBDEED BOOKPB or BMPLAT BOOK / BOOK OF MAPSN/FNOW OR FORMERLYPg.PAGESFSQUARE FEETAc.ACRESR/WRIGHT-OF-WAYNCSRNORTH CAROLINA STATE ROUTENCDOTNORTH CAROLINA DEPT. OFTRANSPORTATIONEx.EXISTINGRCPREINFORCED CONCRETE PIPEPVCPOLYVINYL CHLORIDE PIPE(M)MEASUREDAGABOVE GROUNDBGBELOW GROUNDSYMBOLSLINETYPESABBREVIATIONSPROPERTY LINETTCCGGEXISTING TELECOMMUNICATIONSEXISTING COMMUNICATIONSEXISTING GASCURVE TABLECURVELENGTHRADIUSBEARINGCHORDC120.161423.35N 55°21'31" E20.16C2409.621423.35N 64°00'34" E408.21C338.901423.35N 73°02'13" E38.90C4168.671861.47N 76°24'54" E168.62C558.0040.00S 47°43'33" E53.05LINE TABLELINELENGTHBEARINGL1124.81S 87°23'12" WL261.50N 53°19'53" EL367.08N 89°35'23" EL438.90N 89°35'23" EL5104.45N 89°02'48" EL6128.24N 53°32'40" EL7124.03 N 04°57'00" EL842.89N 04°57'00" EL5A28.26S 83°40'07" ETREE LEGEND EXISTING TREE TO BE REMOVEDPOP - - - - - - -POPLARGUM - - - - - - SWEETGUMWETLLIMITS OF WETLANDSRIPARIAN BUFFEREXISTING WETLANDSSURVEY NOTES1.ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET UNLESSOTHERWISE NOTED.2.THIS SURVEY DOES NOT INCLUDE NOR DEPICT ANY ENVIRONMENTAL EVALUATIONS BYTHIS OFFICE. WETLAND FLAGS AND DELINEATED WATERS SHOWN HEREON FROMSURVEYED FLAGS PLACED BY OTHERS PRIOR TO FIELD SURVEY. ALL RIPARIAN BUFFERSSHOWN HEREON MEASURED FROM EXISTING TOP OF BANK OF FEATURE.3.FIELD SURVEY(S) PERFORMED MARCH 3 THRU 5, 2020.4.SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTSOF RECORD, ENCUMBRANCES, RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCEOR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE.5.PER TABLE A ITEM #11 THE LOCATIONS OF UNDERGROUND UTILITIES AS SHOWN HEREON(IF ANY) ARE BASED ON ABOVEGROUND STRUCTURES, ABOVEGROUND VISUALEVIDENCE, AND EXISTING MARKINGS AT TIME OF SURVEY. LOCATIONS OFUNDERGROUND UTILITIES/STRUCTURES MAY VARY FROM LOCATION SHOWN HEREON.ADDITIONAL BURIED UTILITIES/STRUCTURES MAY BE ENCOUNTERED. NO EXCAVATIONSWERE MADE DURING THE PROGRESS OF THIS SURVEY TO LOCATE BURIEDUTILITIES/STRUCTURES.6.SUBJECT PROPOERTIES ARE NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD ZONE PERFEMA FLOOD INSURANCE RATE MAP (FIRM) #3720073500J, EFF3ECTIVE DATE MAY 2, 2006.7.THE STATE PLANE COORDINATES FOR THIS PROJECT WERE PRODUCED WITH RTK GPSOBSERVATIONS AND PROCESSED USING THE NORTH CAROLINA VRS NETWORK. THENETWORK POSITIONAL ACCURACY OF THE DERIVED POSITIONAL INFORMATION IS ±0.07'.HORIZONTAL DATUM = NAD 83/2011VERTICAL DATUM = NAVD 888.THERE ARE NO VISIBLE ENCROACHMENTS UPON THE SURVEYED PROPERTY BYIMPROVEMENTS ON ADJACENT PROPERTY OR ON ADJACENT PROPERTY, STREETS ORALLEY BY ANY IMPROVEMENTS ON THE SURVEYED PROPERTY, PARTY, WALLS,CONFLICTS OR PROTRUSIONS.9.THE SURVEYED PROPERTIES ARE THE SAME PROPERTIES AS DESCRIBED IN FIDELITYNATIONAL TITLE INSURANCE COMPANY COMMITMENT #091059510, WITH AN EFFECTIVEDATE OF MAY 14, 2020 @ 8:00 AM AND THAT ALL EASEMENTS, COVENANTS ANDRESTRICTIONS REFERENCED IN SAID TITLE COMMITMENT OR VISIBLE FROM A PHYSICALINSPECTION OF THE SURVEYED PROPERTY OR OTHERWISE KNOWN HAVE BEEN PLOTTEDHEREON OR OTHERWISE NOTED AS TO THEIR EFFECT ON THE SURVEYED PROPERTY.10.NO EVIDENCE OF RECENT EARTH MOVING WORK, BUILDING CONSTRUCTION, ORBUILDING ADDITIONS OBSERVED IN THE PROCESS OF CONDUCTING THE FIELDWORK.11.NO PROPOSED CHANGES IN STREET RIGHT OF WAYS LINES, IF SUCH INFORMATION ISMADE AVAILABLE TO THE SURVEYOR BY THE CONTROLLING JURISDICTION. NO EVIDENCEOF RECENT STREET OR SIDEWALK CONSTRUCTION OR REPAIRS OBSERVED IN THEPROCESS OF CONDUCTING THE FIELDWORK.1.ALL UTILITIES OR STRUCTURES NOT DESIGNATED FOR REMOVAL OR MODIFICATION ARE TO REMAIN AND BE PROTECTED FROM DAMAGE.2.ALL DEMOLITION WORK SHALL BE PERFORMED WITH "DUE CARE AND DILIGENCE" SO AS TO PREVENT THE ARBITRARY DESTRUCTION ORINTERRUPTION OF CONCEALED UTILITIES WHICH ARE INTENDED TO REMAIN IN USE AND THE ROUTING OF WHICH COULD NOT BE PREDETERMINEDUNTIL DEMOLITION WAS STARTED. ALL SUCH DISCOVERIES OF UTILITIES DURING THE DEMOLITION PROCESS WHICH ARE IN A LOCATION DIFFERENTFROM THAT INDICATED OR ARE UNIDENTIFIED SHALL BE REPORTED TO THE OWNER, ENGINEER AND ARCHITECT BEFORE REMOVAL FOR FINALDISPOSITION.3.ALL WASTE MATERIAL GENERATED FROM DEMOLITION WORK, TO INCLUDE BUILDING ASBESTOS ABATEMENT, SHALL BE DISPOSED OF OFF SITE INACCORDANCE WITH CITY OF DURHAM AND STATE REGULATIONS.4.SALVAGEABLE FILL MATERIALS FROM SITE DEMOLITION DETERMINED TO BE ACCEPTABLE BY AN INDEPENDENT SOILS TESTING LABORATORY SHALLBE UTILIZED FOR FILL MATERIAL WHERE APPROPRIATE.5.ANY NOTE, OR REFERENCE TO ANY ELEMENT, WHICH DOES NOT SPECIFY ACTION BY THE CONTRACTOR SHALL BE CONSTRUED AS INFORMATIONONLY.6.CLEAR AND GRUB ALL AREAS TO RECEIVE PAVEMENT/STRUCTURES AS REQUIRED BY SPECIFICATIONS.7.ALL STRUCTURES/UTILITIES DESIGNATED FOR MODIFICATION SHALL BE PROTECTED BY THE CONTRACTOR DURING CONSTRUCTION.8.STRIP TOPSOIL, CLEAR AND GRUB AS REQUIRED WITHIN CONSTRUCTION LIMITS. STOCKPILE TOPSOIL WITHIN CONSTRUCTION LIMITS FORREDISTRIBUTION AFTER FINAL GRADING OPERATIONS ARE COMPLETED.9.BOUNDARY SURVEY INFORMATION WAS TAKEN FROM A MAP SURVEYED BY NEWCOMB LAND SURVEYORS, PLLC ON MARCH 3-5, 2020.10.CONTRACTOR IS RESPONSIBLE FOR THE COORDINATION OF AND DISCONNECTION OF ALL EXISTING SITE UTILITIES, IF NECESSARY.11.THE GENERAL CONTRACTOR SHALL EXERCISE CARE AND CAUTION DURING THE CLEARING , GRUBBING, REMOVAL OF TREES, ETC. SUCH THAT THEADJACENT PROPERTY IS NOT DISTURBED, REMOVED OR DAMAGED. THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR ALL SAFETY ANDSECURITY FENCING, AT ALL ADJACENT PROPERTY LINES, IN ORDER TO PROPERLY SECURE AND PROTECT THE SITE.12.ALL WORK IN THE EASEMENT AREAS ARE TO BE CONFINED TO THE EASEMENT WIDTHS. ALL PIPE REPLACEMENT WORK, WHEN REQUIRED BY PIPEDEPTHS AND EXCAVATION, SHALL BE PERFORMED WITH THE USE OF TRENCH BOXES. ALL EXCAVATIONS, UTILITY AND GRADING WORK, SHALL BE INACCORDANCE WITH ALL LOCAL, STATE AND FEDERAL RULES AND REGULATIONS.13.ALL EXISTING CONCRETE, PAVEMENT, LANDSCAPING, LIGHTING OR EXISTING SITE FEATURES ON ADJACENT PROPERTIES SHALL BE REPLACED ASDEMOLITION, GRADING AND UTILITY WORK DICTATES .14.THE GENERAL CONTRACTOR SHALL PROVIDE ALL SAFETY AND SECURITY FENCING, BARRIERS, PROTECTION MATERIAL AND METHODS AS REQUIREDTO COMPLETE THE OFF SITE WORK IN A SAFE AND TIMELY MANNER.15.COORDINATE UTILITY REMOVAL AND REPLACEMENT SCHEDULES AND REQUIRED WORK DURATIONS WITH THE OWNER'S CONSTRUCTIONREPRESENTATIVE.DEMOLITION NOTESWETLAND NOTES1.PRELIMINARY JURISDICTIONAL DETERMINATION PROVIDED BY SOIL & ENVIRONMENTALCONSULTANTS (S&EC) ON OCTOBER 24, 2019. (S&EC PROJECT # 13134.W7). WETLANDS ARE LOCATEDON THE SUBJECT PROPERTY.2.ARMY CORPS OF ENGINEERS IS IN PROGRESS OF ISSUING A WETLAND DETERMINATION WITHUNKNOWN DATE.3.CORRESPONDENCE WITH THE ARMY CORPS OF ENGINEERS HAS BEEN INITIATED REGARDING THEREQUEST FOR A 404 (CLEAN WATER ACT, 33 USC 1344) TO BE ISSUED FOR THIS DEVELOPMENT.4.CORRESPONDENCE WITH THE NC DIVISION OF WATER QUALITY HAS BEEN INITIATED REGARDINGREQUEST FOR A 401 WATER QUALITY CERTIFICATION TO BE ISSUED, PERMITTING FILL MATERIAL TOBE PLACED IN THE DESIGNATED WETLAND.5.WETLAND AREAS SHOWN ON C-1.0 ARE EXISTING LIMITS OF WETLANDS. WETLAND AREAS SHOWN ONALL OTHER SHEETS ARE DELINEATED AFTER IMPACTS, IF ANY.19,332 SF (0.444 AC.) EXISTING TOTAL ONSITE WETLANDS- 3,011 SF (0.069 AC.) WETLANDS TO BE IMPACTED= 16,321 SF (0.375 AC.) TO REMAIN AND BE PROTECTEDCARY, WAKE COUNTY, NORTH CAROLINA
SDSDSDSD SD SD SD
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L13L16L17L18 L20 L21 L24 L25L12S 89°17'10" W 283.32'S 89°17'10" W 109.94'PROPOSED 4-STORY BUILDING±194,564 GSFAFFE = 350.0NC HIGHWAY 55VARIABLE WIDTH PUBLIC R/W50'ZONE 2ZONE 1TOP/BANKZONE 2ZONE 1TOP/BANK
ZONE 350' RIPARIAN BUFFER100' TOWN OF CARYURBAN TRANSITION BUFFERS 06°11'12" E 289.27'S 89°28'13" E 289.48'N 89°48'24" W 520.92'S 61
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83.80'S 1°07'38" WN 88°52'22" W116.35'84.29'S 1°07'38" W CONTROL CORNERN: 750,628.15E: 2,036,590.57LOT 1EXTRA SPACE PROPERTIESNINETY EIGHT, LLCDB 15863, PG 895BM 1980, PG 364PIN: 0735-70-2552PIN: 0735-60-2672261,679 S.F.6.00 AC.3301 MORRISVILLE PKWY.ZONING: PDDWETLAND FLAGSINSET 1 : IMPACT AREA 1,SEE SHEET IMP-1EX. STREAM(TYP.)EX. STREAM TOP OF BANK (TYP.)EXISTING WETLAND,426 SF TO REMAINPRESERVED50' RIPARIAN BUFFERZONE 2ZONE 1 STREAM IMPACT(69 LF, 276 SF)50'ZONE 1ZONE 2STREAM IMPACT(32 LF, 128 SF)LODLODLODLODLODLODLOD LODLODLODLODLODLODLODLODLODLODLODLOD
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CONTEXT MAPS FOR INSETS
NAD83 SURVEY LEGENDIPF - - - IRON PIPE FOUNDCMF - - - CONCRETE MONUMENT FOUNDCP - - - COMPUTED POINTDIST - - - DISTURBEDR/W - - - RIGHT-OF-WAYSN - - - SIGNELP - - - ELECTRICAL PEDESTALFOV - - - FIBEROPTICS VAULTSIG - - - SIGNAL BOXFOM - - - FIBEROPTICS MARKERTEV - - - TELECOMMUNICATION VAULTRCP - - - REINFORCED CONC. PIPEPVC - - - POLYVINYL CHLORIDA PIPEC+G - - - CURB & GUTTEREP - - - EDGE OF PAVEMENTHC - - - HANDICAPLP - - - LIGHT POLEGV - - - GAS VALVESIGDSFWEX SEWER MANHOLEEX STORM MANHOLEEX STORM INLETEX WATER MANHOLEEX WATER VALVEEX FIRE HYDRANTLEGENDLODSDEXISTING PUBLIC EASEMENTEXISTING STORM DRAINLIMITS OF DISTURBANCESSEXISTING SANITARY SEWERWEXISTING WATER LINESDPROPOSED STORM DRAINWPROPOSED WATER LINESSPROPOSED SANITARY SEWERPROPOSED PUBLIC EASEMENTWETLANDWETLLIMITS OF WETLANDSPROPOSED SEWER CLEANOUTPROPOSED THRUST BLOCKPROPOSED WATER VALVEPROPOSED BFPPROPOSED WATER METERPROPOSED FIRE HYDRANTWFPROPOSED FIRE LINEPROPOSED CATCH BASINPROPOSED FDCPROPOSED DOUBLE CATCHBASINLINE TABLELINEL10L11L12L14L15L16L17L18L19L20L21L22L23L24L25LENGTH59.87'100.08'10.22'25.98'108.23'50.21'56.16'17.55'13.69'14.10'32.04'51.85'51.14'35.72'127.52'DIRECTIONN53°24'08"ES83°48'01"ES89°15'54"ES84°22'13"ES89°26'23"ES47°43'33"EN39°15'11"WN5°09'45"EN53°41'36"WN17°05'26"EN17°28'34"EN11°50'51"EN5°15'06"WN14°03'01"EN29°39'22"WL1385.02'S89°15'54"EL5A28.26N 89°02'48" EC3C438.90168.671423.35'1861.47N 73°02'13" EN 76°24'54" E38.90168.62CURVE TABLECURVEC6C7C8C9LENGTH231.83'71.91'126.04'111.47'RADIUS1423.35'1423.35'1423.35'13699.50'BEARINGN59°37'10"EN65°43'58"EN69°43'01"EN89°19'59"ECHORD231.5771.91126.00111.47CARY, WAKE COUNTY, NORTH CAROLINA TPFTREE PROTECTION FENCEIMPACTED WETLAND AREAPROPERTY BOUNDARY LINEIMPACTED STREAM AREA
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PROPOSEDSANITARYSEWER MAIN20' PUBLIC SANITARYSEWER ESMT. (TYP.)LODLODLODLOD
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TOWN OF CARY, WAKE COUNTY, NORTH CAROLINA LEGENDWETLLIMITS OF WETLANDWETLAND AREALIMITS OF DISTURBANCELODTREE PROTECTION FENCETPFPROPERTY BOUNDARY LINEIMPACTED WETLAND AREAIMPACTED STREAM AREA
SCALEHORIZONTAL: 1" = 40'VERTICAL: 1" = 4'STREAM CROSSING B30831031231431631830831031231431631810+0010+50317.9
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IMPACT AREA 1 MAP FOR EXHIBIT ONLYNOT FOR CONSTRUCTION1 inch = 40 ft.( IN FEET )GRAPHIC SCALE040408016020NAD83
PROJECT NUMBERDRAWINGSHEETF:\Public\10-Projects\400-499\490-19 Cary Pointe Senior Living Facility (Bonaventure)\20-Tech Docs\WETLAND & BUFFER IMPACT MAPS\490-19_AREA 1_Profiles.dwg Oct 21, 2020 - 1:30pm BY:jleab
TOWN OF CARY, WAKE COUNTY, NORTH CAROLINA LEGENDWETLLIMITS OF WETLANDWETLAND AREASTREAM CROSSING ASCALE1" = 40'STREAM CROSSING BSCALE1" = 40'IMPACTED STREAM AREALIMITS OF DISTURBANCELODTREE PROTECTION FENCETPFPROPERTY BOUNDARY LINETEMPORARY STREAM IMPACT:10 LF, 40 SFPERMANENT-NO PERMANENT LOSSPNPL
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2019-02253 County: Wake U.S.G.S. Quad: NC- Green Level

NOTIFICATION OF JURISDICTIONAL DETERMINATION

Requestor: Soil and Environmental Consultants, PA
Steven Ball
Address: 8412 Falls of Neuse Rd., suite 104
Raleigh, NC 27615
Telephone Number: 919-691-2114
E-mail: [e-mail]

Size (acres) 10 Nearest Town Cary
Nearest Waterway Panther Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates Latitude: 35.8130
Longitude: -78.8753
Location description: The project site is approximately 10 acres bordered to the north by Morrisville Parkway and to the east
by NC Hwy 55, and is identified by PINs 0735704901, 0735608872, and a portion of 0735602672, near the town of Cary, Wake
County, North Carolina.

Indicate Which of the Following Apply:
A. Preliminary Determination
☒ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/24/2019. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
☐ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination

☐ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
☐ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
☐We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
☐The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
SAW-2019-02253
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
☐The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
☐ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
☐ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.

Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact James Lastinger at 919-554-4884 ext 32 or
[e-mail].

C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 04/01/2020.
D. Remarks: None.

E. Attention USDA Program Participants

This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.

F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)

This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:

US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**

Corps Regulatory Official: ______________________________________________________

Date of JD: 04/01/2020 Expiration Date of JD: Not applicable
SAW-2019-02253
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

Copy furnished:

Property Owner:
Ashok Biyyala
Address: 1058 Kennicott Ave.
Cary, NC 27513
Telephone Number: 919-454-4961

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Soil and Environmental Consultants, PA,
Steven Ball
File Number: SAW-2019-02253 Date: 04/01/2020
Attached is: See Section below
☐INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
☐PROFFERED PERMIT (Standard Permit or Letter of permission) B
☐PERMIT DENIAL C
☐APPROVED JURISDICTIONAL DETERMINATION D
☒PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
 ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
 OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
 ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
 APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
 ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
 APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: James Lastinger
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587

If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.

________________________________________
Signature of appellant or agent.
Date: Telephone number:

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: James Lastinger , 69 Darlington Avenue, Wilmington, North
Carolina 28403

For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:

Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 04/01/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Soil and Environmental Consultants, PA,
Steven Ball, 8412 Falls of Neuse Rd., suite 104, Raleigh, NC 27615
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Cary Pointe/Balaji
Commercial site, SAW-2019-02253
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 10
acres bordered to the north by Morrisville Parkway and to the east by NC Hwy 55, and is identified by PINs
0735704901, 0735608872, and a portion of 0735602672, near the town of Cary, Wake County, North
Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Wake City: Cary
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.8130 Longitude: -78.8753
Universal Transverse Mercator:
Name of nearest waterbody: Panther Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):

☐Office (Desk) Determination. Date:
☒Field Determination. Date(s): 10/24/2019
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION

Site Number Latitude 
(decimal 
degrees) 
Longitude 
(decimal 
degrees) 
Estimated 
amount of 
aquatic 
resources in 
review area 
(acreage and 
linear feet, if 
applicable 
Type of aquatic 
resources (i.e., 
wetland vs. 
non‐wetland 
waters) 
Geographic authority to 
which the aquatic 
resource “may be” 
subject (i.e., Section 404 
or Section 10/404) 
A 35.8124 ‐78.8748 1000 linear feet Non‐wetland Section 404 
B 35.8126 ‐78.8769 175 linear feet Non‐wetland Section 404 
W1 35.8124 ‐78.8755 0.2 acre Wetland  Section 404 
W2 35.8129 ‐78.8768 0.09 acre wetland Section 404 

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non-reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of

jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
☒Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: see attached dated 10/24/19
☒Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
☒Office concurs with data sheets/delineation report.
☐Office does not concur with data sheets/delineation report. Rationale:
☐Data sheets prepared by the Corps:
☐ Corps navigable waters' study:
☒U.S. Geological Survey Hydrologic Atlas:
☒USGS NHD data:
☐USGS 8 and 12 digit HUC maps:
☒U.S. Geological Survey map(s). Cite scale & quad name: 2019 Cary and Greenlevel Quad
☒Natural Resources Conservation Service Soil Survey. Citation: Wake County, 1970, sheet45
☒National wetlands inventory map(s). Cite name: USFWS NWI

☐State/local wetland inventory map(s):
☒FEMA/FIRM maps:
☐100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
☒ Photographs: ☒ Aerial (Name & Date): NC One Map undated
or ☐ Other (Name & Date):
☐Previous determination(s). File no. and date of response letter:
☐ Other information (please specify):

IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.

Signature and date of Regulatory
staff member completing PJD
04/01/2020

Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) 1

1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
106 TT Pipe105 TT Pipe100 TT S01114 TT S01!?S0101 TT PLChannel becomes braided in this area22 TT CHChannel becomes braided in this areaB (± 175 ft)A (± 1000 ft)W1 (± 0.20 ac)W2 (± 0.09 ac)!?!?DP1DP2N C 5 5 H W Y
BELMONT VIEW LOOPS E D G E F IE L D P A R K L NMORRISVILLE PKWYNC OneMap, NC Center for Geographic Information and Analysis, NC 911 Board106 TT Pipe105 TT Pipe100 TT S01114 TT S01!?S0101 TT PLChannel becomes braided in this area22 TT CHChannel becomes braided in this areaB (± 175 ft)A (± 1000 ft)W1 (± 0.20 ac)W2 (± 0.09 ac)!?!?DP1DP2N C 5 5 H W Y
BELMONT VIEW LOOPS E D G E F IE L D P A R K L NMORRISVILLE PKWYNC OneMap, NC Center for Geographic Information and Analysis, NC 911 BoardμWetland Sketch MapMorrisville Parkway/NC 55Wake Co., NCProject No.13134.W7Project Mgr.:SBScale:1" = 100'10/24/190 200 400100FeetLegendEvaluation AreaPotentially Jurisdictional Perennial StreamPotentially Jurisdictional Intermittent StreamPotentially Jurisdictional Wetland 50' Town of Cary Buffer2' Wake County ContoursSource:Aerials from NC One Map Detailed Delineation of Waters of the US Suitable for Preliminary Planning Only S&EC reserves the right to modify this map based on more fieldwork, and any other additional information. Approximations were mapped using topographic maps, air photos and ground truthing. If the site is going to be disturbed, S&EC’s detailed delineation should be approved and permitted by the U.S. Army Corps of Engineers as required. If the user of this work desires an accurate map of the regulated features flagged by S&EC, they should retain a NC Registered Professional Land Surveyor to locate S&EC’s flagging.
WATER RESOURCES DEPARTMENT
March 31. 2017
Steven Ball
Soil and Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 102
Raleigh, NC 27615
Subject: Jordan Lake Watershed — Riparian Buffer and Urban Transition Buffer Rules
Wake County Real ID # 0120947/PIN10: 0735608872
Wake County Real ID # W20639/PIN10: 0735704901
Wake County Real ID # 0418077/PIN10: 0735602672
3737 & 3741 NC Highway 55 and 3301 Morrisville Parkway
TCRB 17-005
Dear Mr. Ball:
The site location and maps that were provided allowed a determination to be made as to whether or not the
referenced site would require compliance with The Town of Cary Riparian Buffer and Urban Transition Buffer
(UTB) Rules. This project, as referenced by the Town of Cary as TCRB 17-005, includes features as depicted on
the attached maps. The table below summarizes the stream determination made in a site visit on March 30.
2017. This determination is valid until March 30, 2022.
Reference I E�--U
SGS Ma 900 Ft. Buffer
Soil Surve Ma 50 Ft. Buffer
Not Subject
SA
Origin at Flag 12 CL T TT CH
SB
I Origin at Flag S01
Landowners or affected parties that dispute a stream origin determination made by the Town of Cary may appeal
the determination to the NC Division of Water Resources. An appeal request must be made within sixty (60) days
of date of this letter. A request for a determination by the Director of DWR shall be referred to the Director in
writing. If sending via US Postal Service: c/o Karen Higgins; DWR — 401 & Buffer Permitting Unit; 1617 Mail
Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Karen Higgins;
DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604.
Any appeal submitted shall be related to the origin of the stream channel and/or applicability of the Jordan Lake
Buffer Rules to a stream feature.
TOWN Of CARY
318 North Academy Street •Cary, NC 27513•PO Box 8005•Cary, NC 27512-8005
tel [phone] • fax [phone]• vvww.townofcary.org

Mr. Ball
Stream Determination Letter
March 30, 2017
Page 2 of 2
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days.
1
Town of Cary Water

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Date:
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Figure 1 - USGS Map
Morrisville Parkway/NC 55 Property
Wake County, NC
Source: NC USGS
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To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726

Re: Online Project Review Request, Morrisville Parkway/HWY 55 (Aspire at Cary Pointe),
Cary – Wake County, North Carolina

We have reviewed the referenced project using the USFWS North Carolina Field Office’s online project
review process and have followed all guidance and instructions in completing the review. We completed
our review August 14, 2020 and are submitting our project review package in accordance with the
instructions for further review.

Our proposed action consists of: A senior living residential development that is proposing impacts to
wetlands and streams.

The location of the project and the action area are identified on the enclosed maps.
Morrisville Parkway/HWY 55 (35.812947, -78.875740). The site is located at 2525 Morrisville Parkway,
Cary, Wake County, North Carolina.

Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 18, 2022.

This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 29.

The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.

For additional information, please contact Mason Montgomery at [e-mail]

Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA

Mason Montgomery
Environmental Specialist, Wetlands Department

Enclosures:

August 14, 2020
S&EC Project No: 13134.W10
1. Project Request Review Package
2. S&EC T&E Species Report
3. Vicinity Maps
4. S&EC Photo Report
5. Overall Site Plan

6. FWS Official Species List
7. NHP Report
8. FWS Species Conclusion Table
9. FWS Self-Certification Letter

Morrisville Parkway/HWY 55 – S&EC Threatened & Endangered Species Report
Page 1 of 4

August 14, 2020
S&EC Project No.: 13134.W10

To: Bonaventure Realty Group
Attn: Ryan Klaff
104 Hume Avenue
Alexandria, VA, 22301

Re: THREATENED & ENDANGERED SPECIES REPORT
Morrisville Parkway/HWY 55 (Aspire at Cary Pointe) (+/- 10 acres)
2525 Morrisville Parkway, Cary, Wake County, NC

Dear Ryan Klaff:

On August 14, 2020, Soil & Environmental Consultants, PA (S&EC) evaluated the Morrisville
Parkway/HWY 55 property shown on the attached maps for potential endangered species. The property
is located at 2525 Morrisville Parkway in Wake County, NC. Surface waters onsite flow into Panther
Creek in the Cape Fear River Basin, which has been classified in the “Classification and NC DWQ
Standards Applicable to Surface Waters and Wetlands of North Carolina” as WS-IV;NSW.

We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.

We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types and looking for evidence of the listed species onsite. This survey did
not include any detailed sampling or netting. The results of the search are discussed below.

August 14, 2020
S&EC Project #13134.W10

Morrisville Parkway/HWY 55 – S&EC Threatened & Endangered Species Report
Page 2 of 4
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
 Red-cockaded Woodpecker (Picoides borealis), Endangered
 Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened
 Michaux’s Sumac (Rhus michauxii), Endangered

Of the species identified on the official species list, the NHP report did not identify any Federally
threatened or endangered species within the project area or within 1 mile of the project area. Other
State listed species were found within the project area as listed in the attached NHP report. The NHP
Report Identified no natural land areas and 11 managed land areas within the project area or within 1
mile of the project area. These are listed out in the attached NHP Report.

RED-COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and
individual Red-cockaded Woodpeckers (RCWs) within the project area. We found no individual
RCWs within the project area. The NHP report did not list any known elemental occurrence within the
project area or within 1 mile of it. We found no ideal suitable habitat (e.g., Long Leaf pine forests)
within the project area. Given the lack of species present, and no presence of suitable habitat we
concluded that the project would have “No effect” on RCWs.

ATLANTIC PIGTOE (Fusconaia masoni):
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the
Atlantic Pigtoe. The NHP report did not list any known elemental occurrence within the project area or
within 1 mile of it. The suitable habitat for this species consists of medium sized creeks to large rivers
with excellent water quality. This species typically lives in streams with coarse sand and gravel with
moderate to high flowing water. While we did not specifically sample for the species, we also did not
find any evidence of the species while conducting our preliminary surveys of the streams for potential
suitable habitat

Our preliminary survey concluded that potential suitable habitat does not exist onsite. Panther Creek
was +/-2 feet wide with low to no base flow and had a sandy gravel substrate. Additionally, the other
August 14, 2020
S&EC Project #13134.W10

Morrisville Parkway/HWY 55 – S&EC Threatened & Endangered Species Report
Page 3 of 4
stream onsite did not have suitable habitat. Due to these observations we have concluded that the
project would have “No effect” on the Atlantic Pigtoe.

MICHAUX’S SUMAC (Rhus michauxii):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux’s sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux’s Sumac species within the project area. The NHP report
did not list any known elemental occurrence within the project area. We found suitable habitat within
the project areas to include primarily disturb open areas along the road. These areas were surveyed in
detail. Given the lack of species present within the suitable habitat, we concluded that the project
would have “No effect” on the Michaux’s sumac.

BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests onsite or within 1 mile
of the site. Given the lack of species present, we have concluded that the project is “Unlikely to disturb
nesting bald eagles”. We believe no Eagle Act Permit is required.

NORTHERN LONG-EARED BAT (Myotis septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB’s) within the project area. During our survey, we found no induvial species. Due to
the nature of the project being residential development, we concluded that the project would “May
affect, but not likely to adversely affect” NLEB’s.

CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
“Species Conclusion Table” and “Self-Certification Letter”. Using language typically used by the
FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely to
adversely affect any federally-listed endangered or threatened species, their formally designated
August 14, 2020
S&EC Project #13134.W10

Morrisville Parkway/HWY 55 – S&EC Threatened & Endangered Species Report
Page 4 of 4
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.

Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA

Mason Montgomery
Environmental Specialist, Wetlands Department

Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. August 4, 2020
6. NHP report re: Morrisville Parkway/HWY 55. August 4, 2020.
7. S&EC – FWS Species Conclusion Table. 08/14/2020.
8. S&EC – FWS Self-Certification Letter. 08/14/2020.

References:

-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.

-US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.

-U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masoni). Version
1.2. March, 2017. Atlanta, GA.

-U.S. Fish and Wildlife Service. 1993. Michaux’s Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.

-U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red-cockaded Woodpecker (Picoides borealis)
Second Revision. Atlanta GA 316 pp.

Project Number:
DSProject Manager:
Scale:1" = 1000'
08/04/2020Date:
Map Title:
Source:
USGS Map
Morrisville Parkway/NC 55 Property
Wake County, NC
2019 NC Cary &
Green Level Quads
¯0 1,000 2,000
Feet
13134.W10
NC Center for Geographic Information & Analysis
Project Number:
DSProject Manager:
Scale:1" = 500'
08/04/2020Date:
Map Title:
Source:
Soil Survey
Morrisville Parkway/NC 55 Property
Wake County, NC
Wake County Soil
Survey Sheet 45
¯0 500 1,000
Feet
13134.W10
!?N C 5 5 H W Y
BELMONT VIEW LOOPS E D G E F IE L D P A R K L NMORRISVILLE PKWYNC OneMap, NC Center for Geographic Information and Analysis, NC 911 Board!?N C 5 5 H W Y
BELMONT VIEW LOOPS E D G E F IE L D P A R K L NMORRISVILLE PKWYNC OneMap, NC Center for Geographic Information and Analysis, NC 911 BoardμAerial Photo MapMorrisville Parkway/NC 55Wake Co., NCProject No.13134.W10Project Mgr.:SBScale:1" = 100'08/04/20200 200 400100FeetLegendEvaluation AreaPotentially Jurisdictional Perennial StreamPotentially Jurisdictional Intermittent StreamPotentially Jurisdictional Wetland 50' Town of Cary BufferSource:Aerials from NC One Map
Job #: 13134.W10
August 14, 2020
1
Threatened and Endangered Species Photo Report for the Aspire at Cary Pointe
Project

Photo 1: Pine saplings along Morrisville Parkway
Photo 2: Panther Creek

Job #: 13134.W10
August 14, 2020
2
Photo 3: Panther Creek

Photo 4: Intermittent Stream

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SITE LAYOUT PLAN SIGNSLAYOUT NOTES1.ALL CONSTRUCTION SHALL BE DONE IN ACCORDANCE WITH ALL TOWN OF CARYAND NCDOT STANDARDS AND SPECIFICATIONS.2.ALL DIMENSIONS ARE TO EDGE OF PAVEMENT, EDGE OF SIDEWALK, FACE OFCURB, CENTERLINE OF COLUMN AND FACE OF BUILDING WALL, UNLESSOTHERWISE NOTED. ALL RADII DIMENSIONS TO BACK OF CURB.3.ALL PAINT STRIPING, PAVEMENT MARKINGS, AND SIGNAGE SHALL CONFORM TOTHE "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR AS REQUIRED INSPECIFICATIONS.4.ALL STRIPING SHALL BE 4" WIDE UNLESS NOTED OTHERWISE.5.ALL RADII TO BE 3'-0" BOC UNLESS OTHERWISE NOTED.6.VERIFY ALL SETBACKS WITH LOCAL CODES.7.A SEPARATE PERMIT AND APPROVAL IS REQUIRED FOR SIGNS.8.ALL RETAINING WALLS REQUIRE A BUILDING PERMIT. WALLS GREATER THAN 4' INHEIGHT WILL REQUIRE ENGINEERING DESIGN APPROVAL AT CONSTRUCTIONDRAWING REVIEW AS WELL AS A BUILDING PERMIT. ENSURE THAT NO UTILITIESWILL BE IN CONFLICT WITH STRUCTURAL REINFORCEMENT OF THE WALL.9.ALL CURB RAMPS SHALL HAVE A DETECTABLE WARNING COMPLYING WITHSECTIONS 4.7.7 AND 4.29.2 OF THE ADA ACCESSIBILITY GUIDELINES (ADAAG).10.CONTRACTOR SHALL PROVIDE ALL LABOR AND MATERIALS FOR THEINSTALLATION OF TRAFFIC SIGNAGE AND PAVEMENT MARKINGS AS SHOWN ONTHE CONSTRUCTION PLANS.11.ALL NON-LANDSCAPED PARKING ISLANDS SHALL BE PAINTED WITH WHITE STRIPES 4" WIDE, AT 45° ADN 2 FEET ON CENTER.12.CONTRACTOR SHALL REFER TO OTHER PLANS WITHIN THIS CONSTRUCTION SETFOR OTHER PERTINENT INFORMATION.13.DETECTABLE WARNINGS ARE REQUIRED AT ANY CROSSWALK, OR ISLAND CUTTHRU, WHERE THERE IS NO CHANGE IN ELEVATION (I.E. RAMP NOT PROVIDED).NOTE(s):ALL CONSTRUCTION SHALL BE DONE IN ACCORDANCE WITH ALL TOWN OFCARY, NCDOT, AND MUTCD STANDARDS & SPECIFICATIONS.WETLAND NOTESLEGENDPROPOSED PUBLIC EASEMENTWETLEXISTING LIMITS OF WETLANDSSURVEY LEGENDIPF - - - IRON PIPE FOUNDCMF - - - CONCRETE MONUMENT FOUNDCP - - - COMPUTED POINTDIST - - - DISTURBEDR/W - - - RIGHT-OF-WAYSN - - - SIGNELP - - - ELECTRICAL PEDESTALFOV - - - FIBEROPTICS VAULTSIG - - - SIGNAL BOXFOM - - - FIBEROPTICS MARKERTEV - - - TELECOMMUNICATION VAULTRCP - - - REINFORCED CONC. PIPEPVC - - - POLYVINYL CHLORIDA PIPEC+G - - - CURB & GUTTEREP - - - EDGE OF PAVEMENTHC - - - HANDICAPLP - - - LIGHT POLEGV - - - GAS VALVESIGDSFWEX SEWER MANHOLEEX STORM MANHOLEEX STORM INLETEX WATER MANHOLEEX WATER VALVEEX FIRE HYDRANTRIGHT-OF-WAY DEDICATIONMUTCD "STOP" R1-1R1-1CONVENTIONAL ROAD:SINGLE LANE: 30" X 30"MULTI-LANE: 36" X 36"FIRE NOTES:1.FIRE LANES SHALL BE INSTALLED AND INSPECTED IN ACCORDANCE WITH THE PUBLIC STREETREQUIREMENTS AND THE FIRE CODE. THE REQUIREMENTS FOR INSTALLATION OF A FIRE LANE SHALL BESUBJECT TO THE FIRE CODE.2.ALL FIRE LANES SHALL BE MARKED IN ACCORDANCE WITH ONE OF THE FOLLOWING REQUIREMENTS:2.1.CONTINUOUSLY MARKED WITH YELLOW PAINT STRIPING ALONG THE FIRE LANE WITH "NO PARKINGFIRE LANE" PRINTED WITH MINIMUM 8" HIGH LETTERS AT 40' INTERVALS OR AS DIRECTED BY THEFIRE MARSHAL.2.2.CONTINUOUSLY MARKED WITH YELLOW PAINTED CURB WITH "NO PARKING - FIRE LANE" ALONG THEFIRE LANE WITHNO PARKING - FIRE LANE" PRINTED WITH MINIMUM 8" HIGH LETTERS AT 40' INTERVALS OR ASDIRECTED BY THE FIRE MARSHAL.2.3.THE INSTALLATION OF THE MUTCD STANDARD SIGN SHOWING "NO PARKING - FIRE LANE" PLACEDAT EACH END OF THE FIRE LAND AND AT 50' INTERVALS WITH ARROWS ON THE SIGNS OR ACONTINUOUSLY PAINTED YELLOW STRIP ALONG THE DESIGNATED FIRE LANE.1.PRELIMINARY JURISDICTIONAL DETERMINATION PROVIDED BY SOIL & ENVIRONMENTAL CONSULTANTS(S&EC) ON OCTOBER 24, 2019. (S&EC PROJECT # 13134.W7). WETLANDS ARE LOCATED ON THE SUBJECTPROPERTY.2.ARMY CORPS OF ENGINEERS IS IN PROGRESS OF ISSUING A WETLAND DETERMINATION WITH UNKNOWNDATE.3.CORRESPONDENCE WITH THE ARMY CORPS OF ENGINEERS HAS BEEN INITIATED REGARDING THEREQUEST FOR A 404 (CLEAN WATER ACT, 33 USC 1344) TO BE ISSUED FOR THIS DEVELOPMENT.4.CORRESPONDENCE WITH THE NC DIVISION OF WATER QUALITY HAS BEEN INITIATED REGARDINGREQUEST FOR A 401 WATER QUALITY CERTIFICATION TO BE ISSUED, PERMITTING FILL MATERIAL TO BEPLACED IN THE DESIGNATED WETLAND.5.WETLAND AREAS SHOWN ON C-1.0 ARE EXISTING LIMITS OF WETLANDS. WETLAND AREAS SHOWN ON ALLOTHER SHEETS LIMITS OF WETLANDS POST FILLING.19,332 SF (0.444 AC.) ± EXISTING TOTAL ONSITE WETLANDS- 1,742 SF (0.040 AC.) ± WETLANDS TO BE IMPACTED= 17,590 SF (0.404 AC.) TO REMAIN AND BE PROTECTEDCARY, WAKE COUNTY, NORTH CAROLINAFOR REVIEW ONLYNOT FOR CONSTRUCTIONSETBACK & EASEMENT NOTES:1.NEW PLAT APPROVAL WILL BE REQUIRED TO ESTABLISH ANY NECESSARY ACCESS AND UTILITYEASEMENTS. REQUIRED PLAT SHALL BE RECORDED AFTER APPROVAL OF SITE PLANS FROM TOWN OFCARY.2.EASEMENTS SHOWN ON THIS SHEET ARE EXISTING PER BM 2012, PG 301, BM 2012, PG 303, BM 2012, PG209. SEE THIS SHEET (C-2.0) FOR EASEMENTS.1 inch = 50 ft.( IN FEET )GRAPHIC SCALE0505010020025NAD83 SITE DISTANCE CALCULATIONS:1.MORRISVILLE PKWY IS A THORUGHFARE 2-LANE, WITH MEDIAN WITH DESIGNSPEED OF 45 MPH.2.SITE INGRESS DOES NOT REQUIRE SITE TRIANGLE. SITE EGRESS REQUIRESSIGHT TRIANGLE FOR RIGHT TURNING TRAFFIC.3.PER TOWN OF CARY STANDARDS AND SPECIFICATIONS MANUAL, SITETRIANGLE IS CALCULATED AS THE FOLLOWING:D1 = 15'D2 = 220' (PER AASHTO'S POLICY ON GEOMETRIC DESIGN OF HIGHWAYSAND STREETS)EXISTING WETLANDRIPARIAN BUFFERDESCRIPTIONWIDTHKEY ITEMQCPAINTSTRAIGHT ARROWP2PAINTSTOP BAR24"P3PAINTWHITE CROSSWALK LINE8"QAPAINTLEFT TURN ARROWPIPAINTYELLOW DOUBLE CENTER LINE4"PEPAINTYELLOW SOLID LANE LINE4"QBPAINTRIGHT TURN ARROWQEPAINTCOMBO. RIGHT/STRAIGHT ARROWLINE TABLELINEL10L11L12L14L15L16L17L18L19L20L21L22L23L24L25LENGTH59.87'100.08'10.22'25.98'108.23'50.21'56.16'17.55'13.69'14.10'32.04'51.85'51.14'35.72'127.52'DIRECTIONN53°24'08"ES83°48'01"ES89°15'54"ES84°22'13"ES89°26'23"ES47°43'33"EN39°15'11"WN5°09'45"EN53°41'36"WN17°05'26"EN17°28'34"EN11°50'51"EN5°15'06"WN14°03'01"EN29°39'22"WL1385.02'S89°15'54"EL5A28.26N 89°02'48" EC3C438.90168.671423.35'1861.47N 73°02'13" EN 76°24'54" E38.90168.62CURVE TABLECURVEC6C7C8C9LENGTH231.83'71.91'126.04'111.47'RADIUS1423.35'1423.35'1423.35'13699.50'BEARINGN59°37'10"EN65°43'58"EN69°43'01"EN89°19'59"ECHORD231.5771.91126.00111.47MUTCD "NO LEFT TURN" R3-2R3-2CONVENTIONAL ROAD:SINGLE LANE: 24" X 24"MULTI-LANE: 36" X 36"MUTCD "ONE WAY" R6-2RR6-2R
August 04, 2020
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Consultation Code: 04EN2000-2020-SLI-1612
Event Code: 04EN2000-2020-E-03665
Project Name: Morrisville Parkway/Highway 55 (Aspire at Cary Pointe)

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
08/04/2020 Event Code: 04EN2000-2020-E-03665   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 [e-mail].
08/04/2020 Event Code: 04EN2000-2020-E-03665   3

▪
Attachment(s):
Official Species List
08/04/2020 Event Code: 04EN2000-2020-E-03665   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
[phone]
08/04/2020 Event Code: 04EN2000-2020-E-03665   2

Project Summary
Consultation Code:04EN2000-2020-SLI-1612
Event Code:04EN2000-2020-E-03665
Project Name:Morrisville Parkway/Highway 55 (Aspire at Cary Pointe)
Project Type:DEVELOPMENT
Project Description:Project is located within the Southwest quadrant of Morrisville Parkway
and Highway 55, Wake County, NC
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.812998487080975N78.8752080951093W
Counties:Wake, NC
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1.
Endangered Species Act Species
There is a total of 3 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.
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
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
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
1
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Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
NCNHDE-12598
August 4, 2020
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Aspire at Cary Pointe; 13134.W10
Dear Robert Zarzecki:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
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 [e-mail] 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
Aspire at Cary Pointe
Project No. 13134.W10
August 4, 2020
NCNHDE-12598
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
Town of Cary Open Space - Mills School Park Town of Cary Local Government
Town of Cary Open Space - Future Park Town of Cary Local Government
Town of Cary Open Space - Future Park Town of Cary Local Government
Town of Cary Open Space - Cary Tennis Park Town of Cary Local Government
Town of Cary Open Space - Future Park Town of Cary Local Government
Town of Cary Open Space - Green Hope Elementary
School Park
Town of Cary Local Government
Town of Cary Open Space - Sears Farm Rd Park Town of Cary Local Government
Wake County Greenway - OS-034 Wake County Local Government
Town of Cary Open Space - Future Park Town of Cary Local Government
Town of Cary Open Space Town of Cary Local Government
Town of Cary Open Space Town of Cary Local Government
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on August 4, 2020; source: NCNHP, Q3 July 2020. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
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Species Conclusions Table Project Name: Aspire at Cary Pointe Date: August 14, 2020 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Red-cockaded Woodpecker Picoides borealis No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on August 12, 2020. Atlantic Pigtoe Fusconaia masoni No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on August 12, 2020. Michaux’s Sumac Rhus michauxii Suitable habitat present, species not present No effect Survey completed by S&EC staff on August 12, 2020. Bald Eagle Haliaeetus leucocephalus Unlikely to disturb nesting bald eagles No Eagle Act Permit required Preliminary habitat survey completed by S&EC staff on August 12, 2020. Northern Long-eared Bat Myotis septentrionalis Suitable habitat present, species not present May affect, not likely to adversely effect Preliminary habitat survey completed by S&EC staff on August 12, 2020. Critical Habitat No critical habitat present No effect Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Mason Montgomery / Environmental Specialist, Wetlands Department at S&EC, PA August 14, 2020 Signature /Title Date
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726

Date:__________________________

Self-Certification Letter

Project Name______________________________

Dear Applicant:

Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.

The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:

“no effect” determinations for proposed/listed species and/or
proposed/designated critical habitat; and/or

“may affect, not likely to adversely affect” determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or

“may affect, likely to adversely affect” determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;

“no Eagle Act permit required” determinations for eagles.

Applicant Page 2

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