20201799 Ver 1_ePCN Application_20210318

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
October 26, 2020 Ver 3.3
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
20201799
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Raleigh Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Church Street Property
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email:*
[e-mail]
Date Submitted
3/18/2021
Nearest Body of Water
Crabtree Creek
Basin
Neuse
Water Classification
B;NSW
Site Coordinates
Latitude: Longitude:
35.838555-78.836634
Pre -Filing Meeting Information
ID#
20201799
Pre -fling Meeting or Request Date*
11 /23/2020
Attach documentation of Pre -Filing Meeting Request here:*
DWR Pre -Filing Meeting Request Form.pdf
Version#*
1
What amout is owed?*
r $240.00
r $570.00
Select Project Reviewer*
Stephanie Goss:eads\sagoss
1c. Primary Contact Phone:*
[phone]
Version
1
52.13KB
A. Processing Information C^U
County (or Counties) where the project is located:
Wake

Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
la. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - E)press
V Riparian Buffer Authorization
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?
W Owner r 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:
RBW Realty LLC
2b. Deed book and page no.:
DB: 009785 DP: 00626 and DB: 018230 DP: 01666
2c. Responsible party:
Alton Smith
2d.Address
*
r Yes r No
r Yes r No

Street Address
1625 Oberlin Road
Address Line 2
City
Raleigh
Postal / Zip Code
27608
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
[e-mail]
4c.Address
Street Address
8412 Falls of Neuse Road, Suite 104
Address Line 2
city
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
AAF.pdf
State / Rwince / legion
NC
Country
USA
2f. Fax Number:
Slate / Rwince / legion
NC
Country
USA
4e. Fax Number:
[phone]
405.76KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Morrisville
2. Project Identification
2a. Property Identification Number:
0746800096, 0746809787, 0746901329,
2b. Property size:
0746803426, 0746802190 & 0746803273
+/- 34.86
2c. Project Address
Street Address
808 Church Street
Address Line 2
city
Slate / Rwince / Region
Morrisville
NC
Postal / Zip Code
Country
27560
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Crabtree Creek
3b. Water Resources Classification of nearest receiving water:*
B;NSW
3c. What river basin(s) is your project located in?*

Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202010801
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Existing conditions onsite consists primarily of forested and maintained land. There is one structure located on the southwest portion of the property adjacent to Church Street. There is
also an existing asphalt drive off Church Street that connects from Church Street to the commercial property north of the parcels, a 20' wide Town of Cary Utility and pipeline easement
bisecting the properties, and a Future Airport Blvd. ROW within the southeastern corner of the properties. Natural resources consist of one (1) perennial stream feature (SA), two (2)
intermittent streams (SC and SD) and five (5) wetlands (W1-W5). 'SA' and 'SD' converge just below the existing asphalt drive near the center of the property before flowng south and
features adjacent wetlands'W2 & W3'.'WT borders the northern property boundary. 'SC' and adjacent wetland'W5' are located in the southeastern corner of the property.'W4' is
located in the center of the property. General land use in the vicinity of the project is mainly wooded and maintained land as well as residential/commercial development. Church street
bounds the property to the west.
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)
USGS.pdf
2.64MB
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)
SS.pdf 921.24KB
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 1.23 ac
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 1,291 LF
4h. Explain the purpose of the proposed project:*
The purpose of this project is to construct a single-family residential development and its necessary infrastructure.
41. 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 a single-family residential development including but not limited to, roadway infrastructure, stormwater control measures, amenities
area, utilities and residential lots. Specifically, there are two (2) road crossings that impacts streams and riparian buffers, one (1) area of lot fill and two (2) road crossings that impacts
wetlands. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
4j. Please upload project drawings for the proposed project
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
Comments:
r No
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-2011-01856
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil & Environmental Consultants, PA
Other:
r Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE: Site visit and field determination made by James Lastinger on June 4, 2020 and approved JD issued on November 17, 2020.
Town of Morrisville: Site visit and field determination made by Ben Mills on August 26, 2020 (TOM#: DETER-20-0006).
5d1. Jurisdictional determination upload
SAW-2011-01856 signed PJD.pdf 2.27MB
Stream Determination —Church Street.pdf 8.02MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
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
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries W Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2al Reason (?)
2b. Impact type * (?)
2c. Type of W.*
2d. W. name*
2e. Forested *
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
Im act 3
P
Lot Fill
P
Headwater Forest
W4
Yes
Both
0.312
(acres)
Im act 4 P
Road Crossing -Fill
P
He
Headwater Forest
W4
Yes
Both
0.087
(acres)
9-Fill
PHeadwater
Forest
W4
Yes
Both
f�RoadCrossin
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.423
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.423
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 1- Road Crossin
P 9
Permanent
Culvert
Stream D
Intermittent
Both
3
65
(Culvert & headwall)
Average (feet)
(linearfeet)
g2
Impact 1- Road Crossing -
Permanent
Other
Stream D
Intermittent
Both
5
31
Riprap Pad (Permanent -No
Average (feet)
(li earfeet)
Permanent Loss)
S3
Impact 2- Road Crossin
P 9
Permanent
Culvert
Stream A
Perennial
Both
6
75
(Culvert & headwall)
Average (feet)
(linearfeet)
S4
Impact 2- Road Crossing -
Permanent
Other
Stream A
Perennial
Both
6
51
RipRap Pad (Permanent -No
Average (fee)
(li earfcet)
Permanent loss)
S5
Road Crossing -Construction
Temporary
Other Jream
A
Perennial
Both
5
5
Corridor
Average (feet)
(linearfeet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
222
3i. Total stream and ditch impacts:
227
3i. Total temporary stream impacts:
5
3j. Comments:
Total permanent loss stream = 140 LF (621 SF); Total permanent -no permanent loss stream = 82 LF (465 SF); Total temporary stream = 5 LF (24
SF); Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
FJ Meuse r Tar -Pamlico
r Catawba r Randleman
r Goose Creek r Jordan Lake
r Other
6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone f impact 6g. Zone 2 impact

Impact 1- Road Crossing
P
Stream D
No
1,519
2,540
Impact 2- Road Crossing
P
Stream A
No
5,014
2,715
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 6,533.00 5,255.00
Zone 1 Zone 2
Total combined buffer impacts: 6,533.00 5,255.00
6i. Comments:
Supporting Documentation
Church Street Property Impact Maps.pdf
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1.32MB
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland delineation and %use River Buffer evaluation for the entire property in order to identify natural resources so that impacts
could be avoided & minimized to the mapmum extent practicable. Impact area 1 is proposed permanent stream and riparian buffer impacts for a road
crossing. This road crossing is necessary to provide an access to the proposed development. Impacts have been minimized by utilizing an existing
culvert location therefore avoiding additional stream and riparian buffer impacts. A concrete headwall has been utilized to minimize the permanent loss
impacts to the stream. Additionally, permanent -no permanent loss stream impacts are proposed for a riprap dissipater pad to assist in velocity
dissipation at the culvert outlet. The riprap dissipator pad will be buried below the original stream bed elevation. Impact area 2 is proposed permanent
stream and riparian buffer impacts for a road crossing. This road crossing is necessary to provide a second point of access to the proposed
development. Impacts have been minimized by utilizing concrete headwalls and crossing the stream feature at a near perpendicular angle.
Additionally, permanent -no permanent loss stream impacts are proposed for a riprap dissipator pad to assist in velocity dissipation at the culvert
outlet. The riprap dissipator pad will be buried belowthe original stream bed elevation. Temporary stream impacts are necessary for dewatering
activities during construction. Dewatering activities include a coffer dam/sand bags and a pump around to temporarily bypass the stream flow during
construction activities. Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be
stabilized post -construction. Impact areas 3 is proposed permanent wetland fill necessary for lots. This wetland fill is necessary to provide residential
lots for the proposed residential development. Wetland W4 cuts through the property and these impacts are unavoidable for the development of lots
54, 55, 59 & 60. Compensatory wetland mitigation at a 2:1 ratio has been proposed to offset the proposed permanent loss impacts. Impact areas 4 is
proposed permanent wetland fill necessary for a road crossing. This road crossing is necessary to provide access into the site for residential lot
access. Wetland W4 cuts through the property and is at a lower elevation on the property. The road crossing is designed at the lower elevations to
also collect stormwater within underground stormwater piping system and ultimately discharge into stormwater control measures. Post -Construction
stormwater treatment and detention are required by NCDEQ and the Town of Morrisville. The treated stormwater will be released at the top of the
remaining wetland W4 to ensure a hydrologic recharge. Compensatory wetland mitigation at a 2:1 ratio has been proposed to offset the proposed
permanent loss impacts. Impact areas 5 is proposed permanent wetland fill necessary for a road cul-de-sac. This road impact is necessary to provide
access for residential lots. Wetland W4 cuts through the property and is at a lower elevation on the property. The cul-de-sac and road are designed at
the lower elevations to also collect stormwater within underground stormwater piping system and ultimately discharge into stormwater control
measures. Post -Construction stormwater treatment and detention are required by NCDEQ and the Town of Morrisville. Compensatory wetland
mitigation at a 2:1 ratio has been proposed to offset the proposed permanent loss impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Temporary stream crossing with pump around, silt fence, diversions and sediment basins (all within the limits of disturbance).
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
W DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
W Mitigation bank r Payment to in -lieu fee r Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
EBX-%use Sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically from the
Arrington Bridge III Site

3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.85
Attach Receipt and/or letter
Neu -Con SOA - Arrington Bridge III - Church Street Property.pdf
142.38KB
3c. Comments
S&EC reviewed the NCDWR Approved Mitigation Banks in NC list, there were four (4) banks listed within the 03020201 HUC that had riparian wetland
credits available. All four (4) were contacted, all four had credits available. Attached is a Statement of Availability letter from Resource Environmental
Solutions. Permanent Wetland loss impact = 0.423 acres; 0.423 @ 2:1 mitigation ratio = 0.846 acres
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
r Yes c No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
W Other SCM that removes minimum 30 % nitrogen
r Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
CSM_ Impact Maps Stormwater plan.pdf 512.86KB
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government r State
Local Government Stormwater Programs
17 Phase II W NSW r USMP r- Water Supply
Please identify which local government stormwater program you are using.
Town of Morrisville
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?"
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No

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 Church Street Property is a residential development. Additionally, the project is located within the Town of Morrisville
ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the
Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition
Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II NPDES Stormwater Permit
Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction
stormwater management requirements. 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 N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Non -discharge
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
November 30, 2020. The USFWS has 30 days to respond from the date of the sent request. S&EC received a response from USFWS 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) except
for Michaux!s Sumac. S&EC visited the property outside of the survey window for the Michauxs Sumac and USFWS recommends that we revisit the
area due to the presence of potential suitable habitat during the optimal survey window which is May -October. Please see attached S&EC Threatened
& Endangered Species report and email correspondence from USFWS.
Consultation Documentation Upload
S&EC Church Street Morrisville T&E Report Signed.pdf 6.84MB
Church Street Submittal_FWS Response.pdf 178.28KB
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 November 23, 2020, no historic listings or study
list entries or determined eligible listings were identified 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-yearfloodplain?*
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
Comments
Miscellaneous attachments not previously requested.
Signature
*
fJ By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• 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
sego, ah E_-111d6y
Date
3/18/2021

EBX-Neuse I, LLC Stream and Wetland Banks
Statement of Availability March 9, 2021

U.S. Army Corps of Engineers
James Lastinger
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587

Re Project: Church Street Property

This document confirms that RBW Realty LLC (Applicant) for the Church Street Property (Project)
has expressed an interest to utilize 0.85 Riparian Wetland Mitigation Credits from the EBX-Neuse
sponsored Neu-Con Wetland & Stream Umbrella Mitigation Bank, specifically wetland credits from the
Arrington Bridge III Site, in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I,
LLC, attests to the fact that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 919-209-1075.
Best Regards,

Caitlan B. Parker
Resource Environmental Solutions, LLC
701 E. Bay Street, Suite 306
Charleston, SC 29403
Environmental. Consultants,
8412 Falls of Meuse Road, Suite 104, Ra3eigh, N(, 27f)13 — Nione; (911) W-59M * Fax: [phone]
sandec.emi
PROPERTY OWNER CERTIFICATION /AGENT AUTHORIZATION
Project Name/Description:
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Field Office:
S&EC Project #
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil &
EnYirionmental ConsultaM,s, PA (S&EC) staff (as my agent) to enter upon t Me propel" herein descd;,er!
for the purpose of conducting on -site investigations and issuing a determination associated with Waters
of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of
the Rivers and Harbors, Act of 1899. T 11's, document also authorizes S&EC (as my agent) to act on my
behalf and take all actions necessary for the processing, issuance and acceptance of a permit or
certification and any and all associated standard and special conditions. This notification supersedes any
previous correspondence concerning the agent for this project,
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when � accoE � �panied by S&EC staff. You should call S&EC to arrange a site
meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (P1 "'V ):
Site Address;
City, County, State:
PROPERTY OWNER INFORMATION:
Name:
Address: 1 H _'� a40_9Y i t
Phone No.: (f ") ! Fax No,:
Email:
Property/(?wner (please print) _
Owner
Mobile No..
28�_ice
Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

Project Number:
SB
Project Manager:
1" = 1000'Scale:
06/04/2020Date:
Map Title:
Source:
Figure 1 - USGS Map
Church Street
Wake County, NC
2019 USGS Map
Cary Quad
¯0 1,000 2,000
Feet
14251.W1
A
B

Project Number:
SB
Project Manager:
1" = 350'Scale:
06/04/2020Date:
Map Title:
Source:
Figure 2 - Soil Survey Map
Church Street
Wake County, NC
Wake County
Soil Survey Sheet 36
¯0 350 700
Feet
14251.W1
A
B C
FU
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A
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NORTHDWG. #PLD8522-204 Six Forks Road Raleigh, NC 27615Piedmont Land Design, LLPTel 919.845.7600 Fax [phone]DATE:SCALE:PROJECT:CHURCH STREET PROPERTY
ENVIRONMENTAL IMPACT MAPS
MORRISVILLE, NORTH CAROLINA W1STREAM DW2W3STREAM A
NORTHPLD8522-204 Six Forks Road Raleigh, NC 27615Piedmont Land Design, LLPTel 919.845.7600 Fax [phone]DWG. #DATE:SCALE:PROJECT:CHURCH STREET PROPERTY
ENVIRONMENTAL IMPACT MAPS
MORRISVILLE, NORTH CAROLINA STREAM AW4
NORTHPLD8522-204 Six Forks Road Raleigh, NC 27615Piedmont Land Design, LLPTel 919.845.7600 Fax [phone]DWG. #DATE:SCALE:PROJECT:CHURCH STREET PROPERTY
ENVIRONMENTAL IMPACT MAPS
MORRISVILLE, NORTH CAROLINA W4
DRIVEWAY 1IMPACT AREA 1DOWN STREAMDRIVEWAY 1 - CROSS SECTION36" RCPPLD8522-204 Six Forks Road Raleigh, NC 27615Piedmont Land Design, LLPTel 919.845.7600 Fax [phone]DWG. #DATE:SCALE:PROJECT:CHURCH STREET PROPERTY
ENVIRONMENTAL IMPACT MAPS
MORRISVILLE, NORTH CAROLINA
DRIVEWAY 2IMPACT AREA 2DOWN STREAMDRIVEWAY 2 - CROSS SECTION72" RCPPLD8522-204 Six Forks Road Raleigh, NC 27615Piedmont Land Design, LLPTel 919.845.7600 Fax [phone]DWG. #DATE:SCALE:PROJECT:CHURCH STREET PROPERTY
ENVIRONMENTAL IMPACT MAPS
MORRISVILLE, NORTH CAROLINA
1
Deborah Shirley
From:Mason Montgomery
Sent:Thursday, December 17, 2020 4:42 PM
To:Bob Zarzecki; Deborah Shirley
Cc:Steven Ball
Subject:FW: DUE DATE: DECEMBER 23, 2020 Fw: [EXTERNAL] Church Street Submittal
Attachments:S&EC Church Street Morrisville T&E Report Signed.pdf
Debbie, 
See below… 

From: Ellis, John <[e-mail]>  
Sent: Thursday, December 17, 2020 4:37 PM 
To: Mason Montgomery <[e-mail]>; Mann, Leigh <[e-mail]>; Suiter, Dale 
<[e-mail]> 
Subject: Fw: DUE DATE: DECEMBER 23, 2020 Fw: [EXTERNAL] Church Street Submittal 

Mason, 

Good afternoon and thanks for sending this project for review.  The Service can concur with the 
determinations for all the species except Michaux's sumac as you visited the property outside of the survey 
window for that plant.   We recommend you revisit the area due to the presence of potential suitable habitat 
during the optimal survey window which is May ‐ October.    

Thanks, 
John 

From: Mann, Leigh <[e-mail]> on behalf of Raleigh, FW4 <[e-mail]> 
Sent: Monday, December 7, 2020 9:17 AM 
To: Ellis, John <[e-mail]> 
Subject: DUE DATE: DECEMBER 23, 2020 Fw: [EXTERNAL] Church Street Submittal  

From: Mason Montgomery <[e-mail]> 
Sent: Monday, November 30, 2020 9:34 PM 
To: Raleigh, FW4 <[e-mail]> 
Cc: Deborah Shirley <[e-mail]> 
Subject: [EXTERNAL] Church Street Submittal  

 This email has been received from outside of DOI ‐ Use caution before clicking on links, opening attachments, or 
responding.   
2

Hello, 
Attached is the Threatened and Endangered species report for the Church Street – Morrisville project located in Wake 
County, NC. S&EC is submitting for concurrence. Please let me know if any additional information is required when 
making your determinations. 

Thank you, 

Mason L. Montgomery 
Soil And Environmental Consultants, PA 
North Quarter Office Park 
8412 Falls of Neuse Road, Suite 104 
Raleigh, NC 27615  
Office (919) 846‐5900 
Direct (919) 746‐7750 
Mobile (704) 773 ‐2837 
[e-mail] 
Visit us at sandec.com  

This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic 
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of 
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named 
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify 
the sender by return e‐mail and delete the original communication from your system. Thank you. 
  Please consider the environment before printing this email.  

DWR Pre-Fil ing Meeting Req u est Form
ID#*Ve rsion *
Re gional Office *
Re v ie we r List *
Contact Name *
Contact Email Addre ss *
Proje ct Name *
Proje ct Owne r *
Proje ct County *
Owne r Addre ss:
Is this a transportation proje ct?*
Type (s) of approv al sought from the DWR:
Doe s this proje ct hav e an e xisting proje ct ID#?*
Do you know the name of the staff me mbe r you would like to re que st a me e ting with?
Ple ase giv e a brie f proje ct de scription be low.*
Please give a couple of dates you are available for a meeting.
20201799 1
Raleigh Regional Office - [phone]
Stephanie Goss
Pre-Filing Me eting Reque st submitte d 11/23/2020
Deborah Shirley
[e-mail]
Church Street-Morrisville
RBW Realty LLC (Attn: Alton Smith Jr.)
Wake
City
Raleigh
State / Province / Region
NC
Postal / Zip Code
27608
Country
USA
Street Address
1625 Oberlin Road
Address Line 2
Yes No
401 Water Quality Certification -
Regular
401 Water Quality Certification -
Express
Individual Permit Modification
Shoreline Stabilization
Yes No
Stephanie Goss
This project is located on the east side of Church Street, west of Chapel Hill
Road and south of McCrimmon Parkway in Morrisville, North Carolina. The
project is about 34 acres and the purpose is for a residential development.
There are proposed impacts to wetlands, streams, and riparian buffers.
Ple ase attach the docume ntation you would like to hav e the me e ting about.
Signature
Submittal Date
11/24/2020
11/25/2020
11/30/2020
12/1/2020
12/2/2020
Overall impact map sheet.pdf 333.63KB
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:

· This form completes the requirement of the Pre-Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
· I understand by signing this form that I cannot submit my application until 30 calendar days after this pre-filing
meeting request.
· I also understand that DWR is not required to respond or grant the meeting request.

Your project’s thirty-day clock started upon receipt of this application.  You will receive notification regarding meeting location
and time if a meeting is necessary.  You will receive notification when the thirty-day clock has expired, and you can submit an
application.
11/23/2020
FU
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ROWDWG. NO.CHECKED BY:DRAWN BY:PROJECT:REVISIONS:ISSUED:PLDPIEDMONT LAND DESIGN, LLPMORRISVILLE, NORTH CAROLINA
0 CHURCH STREET
CHURCH STREET PROPERTY NOT FOR CONSTRUCTIONPRELIMINARY20 OCT 2020JETJDLCSMMANAGEMENTPLANSTORMWATERDA. 1.00NORTHDA TO SCM #1= 11.7 ACRESSCM#1SCM#2SCM#3DA TOSCM #2= 7.0 ACRESDA TO SCM #3= 3.0 ACRES

To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726

Re: Online Project Review Request, Church Street – Morrisville, Morrisville- 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 November 30, 2020 and are submitting our project review package in accordance with the
instructions for further review.

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

The location of the project and the action area are identified on the enclosed maps.
Church Street – Morrisville (35.839134, -78.835736). The site is located at 808 Church Street, Morrisville
– 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:

November 30, 2020
S&EC Project No: 14251.W5
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

Church Street - Morrisville – S&EC Threatened & Endangered Species Report
Page 1 of 6

November 30, 2020
S&EC Project No.: 14251.W5

To: Alton B. Smith
1625 Oberlin Road
Raleigh, NC 27608

Re: THREATENED & ENDANGERED SPECIES REPORT
Church Street - Morrisville (+/- 34acres)
808 Church Street, Morrisville, Wake County, NC

Dear Alton Smith:

On November 18, 2020, Soil & Environmental Consultants, PA (S&EC) evaluated the Church Street –
Morrisville property shown on the attached maps for potential endangered species. The property is
located at 808 Church Street in Wake County, NC. Surface waters onsite flow into Crabtree Creek in the
Neuse River Basin, which has been classified in the “Classification and NC DWQ Standards Applicable
to Surface Waters and Wetlands of North Carolina” as C; NSW.

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

We conducted 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.

November 30, 2020
S&EC Project #14251.W5

Church Street - Morrisville – S&EC Threatened & Endangered Species Report
Page 2 of 6
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Red-cockaded Woodpecker (Picoides borealis), Endangered
• Neuse River Waterdog (Necturus lewisi), Proposed Threatened
• Carolina Madtom (Noturus furiosus), Proposed Endangered
• Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened
• Dwarf Wedgemussel (Alasmidonta heterodon), Endangered
• 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 seventeen managed 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 the site. We found no ideal suitable habitat (e.g., Long Leaf pine
forests) within the project area. The Loblolly pine stands onsite are too young (± 20 years old) to be
considered suitable habitat. Given the lack of species present, and no presence of suitable habitat we
concluded that the project would have “No effect” on RCWs.

NEUSE RIVER WATERDOG (Necturus lewisi):
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for
the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the
project area or within 1 mile of the site. This species is found in the Neuse River and Tar River basins.
The suitable habitat this species is found in is typically medium to large streams and rivers with a
moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and
November 30, 2020
S&EC Project #14251.W5

Church Street - Morrisville – S&EC Threatened & Endangered Species Report
Page 3 of 6
pools. While we did not specifically sample for the species, we also did not find any evidence of the
species while conducting our preliminary surveys of the streams for potential suitable habitat.

Our preliminary survey concluded that potential suitable habitat does not exist onsite. The perennial
stream onsite was +/-3 feet wide with medium baseflow and had a sandy gravel substrate.
Additionally, the other streams onsite did not have suitable habitat. Due to these observations we have
concluded that the project would have “No effect” on the Neuse River Waterdog

CAROLINA MADTOM (Noturus furiosus):
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for
the Carolina Madtom (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within 1 mile of the site. This species is found in the Neuse River and Tar River basins. The suitable
habitat this species is found in is also medium to large streams and rivers with a moderate gradient and
large bed material. The Carolina Madtom also needs continuous year-round flow, and cover for nesting
habitat. While we did not specifically sample for the species, we also did not find any evidence of the
species while conducting our preliminary surveys of the streams for potential suitable habitat.

Our preliminary survey concluded that potential suitable habitat does not exist onsite. The perennial
stream onsite was +/-3 feet wide with medium baseflow and had a sandy gravel substrate.
Additionally, the other streams onsite did not have suitable habitat. Due to these observations we have
concluded that the project would have “No effect” on the Carolina Madtom.

ATLANTIC PIGTOE (Fusconaia masoni):
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the
Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of mussels).
The NHP report did not list any known elemental occurrence within the project area or within 1 mile of
the site. The suitable habitat for this species consists of medium sized creeks to large rivers with
excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate
to high flowing water. While we did not specifically sample for the species, we also did not find any
November 30, 2020
S&EC Project #14251.W5
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. The perennial
stream onsite was +/-3 feet wide with medium baseflow and had a sandy gravel substrate.
Additionally, the other streams onsite did not have suitable habitat. Due to these observations we have
concluded that the project would have “No effect” on the Atlantic Pigtoe.
DWARF WEDGEMUSSEL (Alasmidonta heterodon):
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the
Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within 1 mile of the site. The Dwarf Wedgemussel has little to no preference for stream size, flow
condition or bed material. Due to this all the streams onsite could be considered suitable habitat, although
no mussels were observed during the preliminary suitable habitat survey.
Due to the potential suitable habitat onsite, we concluded that the project would “May affect, not likely to
adversely affect” the Dwarf Wedgemussel.
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 disturbed open areas along field edges. It should be noted that
this preliminary survey was done outside of the optimal survey window (May-October). While we did
not find any Michaux’s sumac plants within the project area, our survey was conducted outside of the
optimal survey window and as suitable habitat was found it’s possible that Michaux’s sumac exists and
therefore we concluded the project would “May affect” Michaux’s sumac. We recommend consulting
with the USFWS and/or conducting follow up surveys within the optimal survey window.
Church Street - Morrisville – S&EC Threatened & Endangered Species Report
Page 4 of 6
November 30, 2020
S&EC Project #14251.W5

Church Street - Morrisville – S&EC Threatened & Endangered Species Report
Page 5 of 6
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
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

November 30, 2020
S&EC Project #14251.W5

Church Street - Morrisville – S&EC Threatened & Endangered Species Report
Page 6 of 6
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. Overall Site Plan
6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. November 17, 2020.
7. NHP report re: November 17, 2020.
8. S&EC – FWS Species Conclusion Table. November 30, 2020.
9. S&EC – FWS Self-Certification Letter. November 30, 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.

-U.S. Fish and Wildlife Service/ Southeast Region. 2019. Carolina Madtom. Species Profile.
https://www.fws.gov/southeast/wildlife/fishes/carolina-madtom/.

- U.S. Fish and Wildlife Service/ Southeast Region. 2019. Neuse River Waterdog... Species Profile.
https://www.fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/
Project Number:
DSProject Manager:
1" = 1000'Scale:
11/20/2020Date:
Map Title:
Source:
USGS Map
Church Street
Wake County, NC
2019 USGS Map
Cary Quad
¯0 1,000 2,000
Feet
14251.W5
Project Number:
DSProject Manager:
1" = 350'Scale:
11/20/2020Date:Source:
Map Title:
Soil Survey Map
Church Street
Wake County, NC
Wake County
Soil Survey Sheet 36
¯0 350 700
Feet
14251.W5
CHURCH STCHAPEL
HI
L
L
RDCOPELAND OAKS DR
ROSE RIDGE DRNC Center for Geographic Information & Analysis
Project Number:
DSProject Manager:
1" = 350'Scale:
11/20/2020Date:
Map Title:
Source:
Wetland Sketch Map
Church Street
Wake County, NC
2019 NC One Map
Aerial
¯0 350 700
Feet
14251.W5
Legend
Evaluation Area
Potentially Jurisdictional Perennial Stream
Potentially Jurisdictional Intermittent Stream
Potentially Jurisdictional Wetland
50' Neuse River Riparian Buffer
Job #: 14251.W5
November 20, 2020
1
Threatened and Endangered Species Photo Report for the Church Street –
Morrisville

Photo 1: Tree line
Photo 2: Tree line

Job #: 14251.W5
November 20, 2020
2
Photo 3: Sewer easement

Photo 4: Perennial Stream

Job #: 14251.W5
November 20, 2020
3
Photo 5: young pine stand

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8522-204 Six Forks Road Raleigh, NC 27615
Piedmont Land Design, LLP
Tel [phone] Fax [phone]
IMPACT AREA 1
SEE SHEET IM.3
CHURCH STREET PROPERTYENVIRONMENTAL IMPACT MAPSMORRISVILLE, NORTH CAROLINANORTH
DRIVEWAY 1
#
PERMANENT ZONE 1 PERMANENT ZONE 2
IMPACT
NAME
SHEET BUFFER IMPACTS PERMANENT
WETLAND IMPACTS
PERMANENT
PERENNIAL
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PERMANENT LOSS
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IMPACT AREA 2
SEE SHEET IM.4
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TEMPORARY
INTERMITTENT
STREAM IMPACTS
PERMANENT
INTERMITTENT
STREAM IMPACTS
IMPACT AREA 3
SEE SHEET IM.5
RESIDENTIAL
LOTS
November 17, 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: 04EN2000-2021-SLI-0258
Event Code: 04EN2000-2021-E-00546
Project Name: Church Street - Morrisville
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
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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].
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▪
Attachment(s):
Official Species List
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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]
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Project Summary
Consultation Code:04EN2000-2021-SLI-0258
Event Code:04EN2000-2021-E-00546
Project Name:Church Street - Morrisville
Project Type:DEVELOPMENT
Project Description:This project is located on the east side of Church Street, west of Chapel
Hill Road, and south of McCrimmon Parkway, Morrisville, Wake County,
NC.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.83992737856843N78.83415053961703W
Counties:Wake, NC
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1.
Endangered Species Act Species
There is a total of 6 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME STATUS
Red-cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Endangered
Amphibians
NAME STATUS
Neuse River Waterdog Necturus lewisi
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6772
Proposed
Threatened
Fishes
NAME STATUS
Carolina Madtom Noturus furiosus
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/528
Proposed
Endangered
1
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Clams
NAME STATUS
Atlantic Pigtoe Fusconaia masoni
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5164
Proposed
Threatened
Dwarf Wedgemussel Alasmidonta heterodon
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/784
Endangered
Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
NCNHDE-13339
November 17, 2020
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Church Street - Morrisville; 14251.W5
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.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached ‘Documented Occurrences’ tables and map.
The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is documented within the project area or indicated within a one-mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
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.
Also please note that 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 an occurrence of a Federally-listed species is documented
near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Church Street - Morrisville
Project No. 14251.W5
November 17, 2020
NCNHDE-13339
No Element Occurrences are Documented within the Project Area
There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the
NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that
the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project
area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our
database.
No Natural Areas are Documented within the Project Area
Managed Areas Documented Within Project Area*
Managed Area Name Owner Owner Type
Town of Morrisville Greenway - Sawmill Creek
Greenway
Town of Morrisville Local Government
*NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve
(DNP), Registered Natural Heritage Area (RHA), or Federally-listed species, NCNHP staff may provide additional correspondence regarding the project.
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on November 17, 2020; source: NCNHP, Q3 October 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.
Page 2 of 5
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Church Street - Morrisville
Project No. 14251.W5
November 17, 2020
NCNHDE-13339
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?
Vascular Plant 19976 Buchnera americana American Bluehearts 1949-07-13 H 4-Low ---Endangered G5?S1
Vascular Plant 3633 Dichanthelium
annulum
Ringed Witch Grass 1937-06-01 H 4-Low ---Significantly
Rare
Peripheral
G4 S1
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 - Future Park Town of Cary Local Government
Town of Morrisville Open Space - Church Street
Park
Town of Morrisville Local Government
Town of Morrisville Open Space Town of Morrisville Local Government
Town of Morrisville Open Space Town of Morrisville Local Government
Town of Morrisville Open Space - Shiloh Park and
Luther Green Center
Town of Morrisville Local Government
Town of Morrisville Greenway - Sawmill Creek
Greenway
Town of Morrisville Local Government
Town of Morrisville Greenway - Indian Creek
Greenway
Town of Morrisville Local Government
Town of Cary Open Space Town of Cary Local Government
Town of Morrisville Greenway - Indian Creek
Greenway
Town of Morrisville Local Government
Town of Morrisville Greenway - Indian Creek
Greenway
Town of Morrisville Local Government
Page 3 of 5
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Owner Type
Town of Morrisville Greenway - Sawmill Creek
Greenway
Town of Morrisville Local Government
Town of Morrisville Open Space Town of Morrisville Local Government
Town of Morrisville Greenway - Indian Creek
Greenway
Town of Morrisville Local Government
Town of Morrisville Open Space Town of Morrisville Local Government
Town of Morrisville Open Space Town of Morrisville Local Government
Town of Morrisville Open Space Town of Morrisville Local Government
Town of Morrisville Greenway Town of Morrisville Local Government
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on November 17, 2020; source: NCNHP, Q3 October 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.
Page 4 of 5
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Page 5 of 5
Species Conclusions Table
Project Name: Church Street – Morrisville
Date: November 30, 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 November 18, 2020.
Neuse River Waterdog
Necturus lewisi
No suitable habitat present No effect Preliminary habitat survey completed by
S&EC staff on November 18, 2020.
Carolina Madtom
Noturus furiosus
No suitable habitat present No effect Preliminary habitat survey completed by
S&EC staff on November 18, 2020.
Atlantic Pigtoe
Fusconaia masoni
No suitable habitat present No effect Preliminary habitat survey completed by
S&EC staff on November 18, 2020.
Dwarf Wedgemussel
Alasmidonta heterodon
Suitable habitat present,
species not present
May affect, not likely to adversely affect Preliminary habitat survey completed by
S&EC staff on November 18, 2020.
Michaux’s Sumac
Rhus michauxii
Suitable habitat present May affect Preliminary habitat survey completed by
S&EC staff on November 18, 2020. It
should be noted that this survey was
outside of the optimal survey window (May-
October).
Bald Eagle
Haliaeetus leucocephalus
Unlikely to disturb nesting
Bald Eagles
No Eagle Act permit required Preliminary habitat survey completed by
S&EC staff on November 18, 2020.
Northern Long-eared Bat
Myotis septentrionalis
Suitable habitat present,
species not present
May affect, not likely to adversely affect Preliminary habitat survey completed by
S&EC staff on November 18, 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 November 30, 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