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HomeMy WebLinkAbout20190225 Ver 2_401 Application_202105213/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 1/19 Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 26, 2020 Ver 3.3 Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right-click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf County (or Counties) where the project is located:* Is this a NCDMS Project * Is this project a public transportation project?* Is this a NCDOT Project?* A. Processing Information Wake Yes No Click Yes, only if NCDMS is the applicant or co-applicant. Yes No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. Yes No 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 2/19 1a. Type(s) of approval sought from the Corps:* Has this PCN previously been submitted?* 1b. What type(s) of permit(s) do you wish to seek authorization?* This form may be used to initiate the standard/individual permit process with the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that are not provided in the E-PCN can be added to the miscellaneous upload area located at the bottom of this form. 1c. Has the NWP or GP number been verified by the Corps?* Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR:* Pre-Filing Meeting Information Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Yes No Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) Yes No 42 - Recreation Facility List all NW numbers you are applying for not on the drop down list. check all that apply 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization Individual Permit Before submitting this form please ensure you have submitted the Pre-Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre-Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) “At least 30 days prior to submitting a certification request, the project proponent shall request a pre-filing meeting with the certifying agency” and in accordance with 40 C.F.R. Section 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 3/19 1e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after-the-fact permit application?* 1g. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties?* 1j. Is the project located in a designated trout watershed?* Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency- Coordination/Trout.aspx 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre-filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to view the form. ID#Version Pre-fling Meeting or Request Date * Attach documentation of Pre-Filing Meeting Request here:* 20190225 2 2/17/2021 DWR Pre-Filing Meeting Request Form.pdf 50.52KB DWR Pre-Filing Meeting_30 Days Reached Email.pdf 178.42KB Yes No Yes No Yes No If so, attach the acceptance letter from mitigation bank or in-lieu fee program. Yes No Click the upload button or drag and drop files here to attach document FILE TYPE MUST BE PDF Yes No Yes No 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 4/19 1a. Who is the Primary Contact?* 1b. Primary Contact Email:*1c. Primary Contact Phone:* 1d. Who is applying for the permit?* 1e. Is there an Agent/Consultant for this project?* 2. Owner Information B. Applicant Information James Mason, PWS james.mason@threeoakse ngineering.com (xxx)xxx-xxxx (919)732-1300 Owner Applicant (other than owner) (Check all that apply) Yes No 2a. Name(s) on recorded deed:* 2b. Deed book and page no.: 2c. Responsible party: 2d. Address * 2e. Telephone Number:* Town of Apex, ATTN: Angela Reincke (for Corporations) City Apex State / Province / Region NC Postal / Zip Code 27502 Country USA Street Address PO Box 250 Address Line 2 (xxx)xxx-xxxx (919)372-7469 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 5/19 4. Agent/Consultant (if applicable) 2f. Fax Number: 2g. Email Address:* (xxx)xxx-xxxx angela.reincke@apexnc.org 4a. Name:* 4b. Business Name: 4c. Address * 4d. Telephone Number:* 4e. Fax Number: 4f. Email Address:* Agent Authorization Letter * James Mason, PWS (if applicable) City Durham State / Province / Region NC Postal / Zip Code 27701 Country USA Street Address 324 Blackwell Street, Suite 1200 Address Line 2 (919)732-1300 (xxx)xxx-xxxx (xxx)xxx-xxxx james.mason@threeoaksengineering.com Please provide the Agent Authorization Letter if you are submitting this document. Middle Creek_AGENT_AUTHORIZATION_FORM_Flat-signed.pdf 419.33KB FILE TYPE MUST BE PDF C. Project Information and Prior Project History 1. Project Information 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 6/19 1a. Name of project:* 1b. Subdivision name: 1c. Nearest municipality / town:* 2a. Property Identification Number:2b. Property size: 2c. Project Address 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey-grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:*Longitude:* 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Town of Apex - Phase I, Middle Creek Greenway - Miramonte to Holly Springs Connector (if appropriate) near Sunset Hills Apex 2. Project Identification (tax PIN or parcel ID) 0750129771, 0750221956 (in acres) 2.73 City State / Province / Region Postal / Zip Code Country Street Address Address Line 2 35.681393 ex: 34.208504 -78.825405 -77.796371 Middle Creek 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 7/19 3b. Water Resources Classification of nearest receiving water:* Surface Water Lookup 3c. What river basin(s) is your project located in?* 3d. Please provide the 12-digit HUC in which the project is located.* River Basin Lookup 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:* 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 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) 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) 4f. List the total estimated acreage of all existing wetlands on the property: C; NSW Neuse 030202010901 The project study area consists of forested areas and maintained utility easements. Land use in the vicinity of the project consists of residential, commercial, and recreation uses, including the Holly Springs Greenway Trial directly across Sunset Lake Rd from the project. Yes No Unknown Click the upload button or drag and drop files here to attach document ApexGreenway_Permit_Fig1_Topo.pdf 3.04MB File type must be pdf Click the upload button or drag and drop files here to attach document ApexGreenway_Permit_Fig2_Soil.pdf 808.42KB File type must be pdf 0.20 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 8/19 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* 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?* Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Corps AID Number: (intermittent and perennial) 80 Phase I of the Town of Apex’s Middle Creek Greenway - Miramonte to Holly Springs Connector Project is comprised of the greenway connection that runs between the northern right-of-way boundary of future NC Highway 540 (Complete 540, also southern property boundary of the Reunion Pointe subdivision) to the southern right-of-way of SR 1301 (Sunset Lake Road)/ the Town of Holly Springs border at Sunset Lake Road in Apex, Wake County, North Carolina. The portion of the project that ties into NCDOT's Complete 540 project (TIP Nos. R-2721 A/B, R-2828) has been permitted and will be constructed by NCDOT. The project intends to construct a 0.34-mile-long greenway that will disturb 1.55 acres of lands. Drainage area impacts will be minimized and be maintained as close to preconstruction conditions as possible. There are currently no stormwater treatment devices, and none are being proposed. There is one stream crossing location that will require a new pipe crossing, which will cause a stream impact. All stream impacts will be kept within the limits of disturbance during construction. Additionally, an equalizer pipe will be constructed where a wetland is being crossed. The fill slopes and erosion and sediment control devices have been minimized to reduce impacts within buffer zones and wetlands to the greatest extent practical. A portion of this greenway is within the Complete 540 right-of-way and has been permitted by and will be constructed by NCDOT; the remainder of the greenway will be constructed by the Town. Equipment to be used will include typical construction equipment, such as trucks and dozers. Click the upload button or drag and drop files here to attach document Apex Greenway_Permit Drawings_FINAL.pdf 2.59MB 10. C-9 Details.pdf 491.45KB File type must be pdf Yes No Unknown Preliminary Approved Not Verified Unknown N/A Example: SAW-2017-99999 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 9/19 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* 7b. If yes, explain. 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don’t require pre- construction notification. 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Nathan Howell, PWS Three Oaks Engineering Click the upload button or drag and drop files here to attach document Apex Greenway_PJD_March 2021.pdf 5.54MB File type must be PDF Yes No This is Phase 1 of the Town’s Middle Creek Greenway plan. Additional sections of greenway will be built in the future as funding allows. As noted, NCDOT is building a portion of the greenway as part of Complete 540. Since they have already started construction on the I-540 project, they may complete their portion of the greenway before the Town completes theirs. D. Proposed Impacts Inventory Wetlands Streams-tributaries Buffers Open Waters Pond Construction 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 10/19 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. "W." will be used in the table below to represent the word "wetland". 2a. Site #*(?) 2a1 Reason * (?) 2b. Impact type *(?) 2c. Type of W.*2d. W. name *2e. Forested * 2f. Type of Jurisdicition * (?) 2g. Impact area * 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 1 Greenway - Fill P Headwater Forest WE Yes Both 0.005 (acres) 1 Greenway - Mech Clearing P Headwater Forest WE Yes Both 0.000 (acres) 2 Greenway - Fill P Bottomland Hardwood Forest WN (540)Yes Both 0.050 (acres) 2 Greenway - Mech Clearing P Bottomland Hardwood Forest WN (540)Yes Both 0.004 (acres) 4 Greenway - Fill P Bottomland Hardwood Forest WL (540)Yes Both 0.010 (acres) 4 Greenway - Mech Clearing P Bottomland Hardwood Forest WL (540)Yes Both 0.002 (acres) 5 Greenway - Fill P Bottomland Hardwood Forest WL (540)Yes Both 0.010 (acres) 5 Greenway - Mech Clearing P Bottomland Hardwood Forest WL (540)Yes Both 0.003 (acres) 0.000 0.084 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 11/19 2g. Total Wetland Impact 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. "S." will be used in the table below to represent the word "stream". 3a. Reason for impact *(?) 3b.Impact type * 3c. Type of impact *3d. S. name *3e. Stream Type *(?) 3f. Type of Jurisdiction * 3g. S. width * 3h. Impact length * S1 S2 ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 3i. Total stream and ditch impacts: 0.084 Mechanized clearing of Site 1 is 12 square feet, which is 0.00027 acre. Difference in summary table here and in permit drawings is due to rounding. Impacts to wetlands delineated as part of I-540 shown above are only those that are unique to the Town's greenway construction. All other impacts to those wetlands were already permitted under the I-540 permit and are not included in this permit application. Greenway Crossing Permane nt Culvert SA Perennial Both 7 Average (feet) 66 (linear feet) Greenway Crossing Temporar y Dewatering SA Perennial Both 7 Average (feet) 8 (linear feet) 0 66 8 74 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 12/19 3j. Comments: 6. Buffer Impacts (for DWR) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts below. 6a. Project is in which protect basin(s)?* 6b. Impact Type *(?)6c. Per or Temp *(?) 6d. Stream name *6e. Buffer mitigation required?* 6f. Zone 1 impact * 6g. Zone 2 impact * 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: Zone 1 Zone 2 Total Permanent impacts: Zone 1 Zone 2 Check all that apply. Neuse Tar-Pamlico Catawba Randleman Goose Creek Jordan Lake Other Site 3, Allowable Upon Authorization P SA No 1,377 (square feet) 465 (square feet) Site 5, Allowable Upon Authorization P Middle Creek No 44 (square feet) 1,701 (square feet) 0.00 0.00 1,421.00 2,166.00 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 13/19 Total combined buffer impacts: 6i. Comments: Supporting Documentation - i.e. Impact Maps, Plan Sheet, etc. 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* 1,421.00 2,166.00 Site 3 BZ 2 contains 3 sq ft of wetlands in buffers. Site 5 BZ1 contains 11 sq ft of wetlands in buffers. BZ2 contains 878 sq ft of wetlands in buffers. Click the upload button or drag and drop files here to attach document Apex Greenway_Buffer Drawings_FINAL.pdf 6.9MB 10. C-9 Details.pdf 491.45KB File must be PDF E. Impact Justification and Mitigation Drainage area impacts will be minimized and be maintained as close to preconstruction conditions as possible. There are currently no stormwater treatment devices, and none are being proposed. There is one stream crossing location that will require a new pipe crossing, which will cause a stream impact. All stream impacts will be kept within the limits of disturbance during construction. Additionally, an equalizer pipe will be constructed where the wetland is being crossed. The fill slopes and erosion and sediment control devices have been minimized to reduce impacts within buffer zones and wetlands to the greatest extent practical. Erosion and sedimentation BMPs will be installed prior to construction. Construction has been sequenced and designed to avoid/minimize impacts by locating temporary diversion channels away from features. Water will be diverted around the work area to prevent sedimentation of downstream aquatic resources. Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters, restrictions against the staging of equipment in or adjacent to waters of the US and coordination with appropriate environmental staff. 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 14/19 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of theState 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? 2b. If this project DOES NOT require Compensatory Mitigation, explain why: NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? 1b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be provided. What type of SCM are you providing? For a list of options to meet the diffuse flow requirements, click here. Yes No Since the proposed impacts are minimal (<0.10 ac. wetland impacts and 150 linear feet of stream), compensatory mitigation is not proposed at this time. However, if either USACE or NCDWR require mitigation, the Town will pursue mitigation through NCDMS. F. Stormwater Management and Diffuse Flow Plan (required by DWR) Yes No Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30% nitrogen Proposed project will not create concentrated stormwater flow through the buffer (check all that apply) 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 15/19 Diffuse Flow Documentation 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT’s Individual NPDES permit NCS000250?* 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* To look up low density requirement click here 15A NCAC 02H .1003(2). Comments: 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* 1b. If you answered “yes” to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? * 1c. If you answered “yes” to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)* NEPA or SEPA Final Approval Letter 2. Violations (DWR Requirement) Click the upload button or drag and drop files here to attach document File type must be PDF Yes No Yes No G. Supplementary Information Yes No Yes No Yes No Click the upload button or drag and drop files here to attach document _C540_FEIS_Dec_21_2017_online.pdf 25.9MB FILE TYPE MUST BE PDF 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 16/19 ( q ) 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)?* 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* 3b. If you answered “no,” provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* 5. Endangered Species and Designated Critical Habitat (CorpsRequirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. Is another Federal agency involved?* 5e. Is this a DOT project located within Division's 1-8?* Yes No Yes No The proposed project an existing stretch of greenway, which is a minor project that is not anticipated to result in additional development. The undeveloped areas surrounding the project area consist of Middle Creek and its floodplain, so there is not opportunity for development in the vicinity. Yes No N/A Yes No Yes No Raleigh Yes No Unknown Yes No 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 17/19 5f. Will you cut any trees in order to conduct the work in waters of the U.S.?* 5g. Does this project involve bridge maintenance or removal?* Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?** 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.?* 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ Yes No Yes No Yes No Yes No IPAC; A Self-Certification Package was submitted to USFWS on 3/26/2021. An email from USFWS confirming receipt was received and is attached. The project is not located within a green highlighted county or red HUC for NLEB. Click the upload button or drag and drop files here to attach document Town of Apex_Middle Creek Greenway_USFWS Self-Certiciation P…3.49MB USFWS Self Certification_Receipt Email.pdf 121.61KB File type must be PDF Yes No NOAA Essential Fish Habitat Mapper 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 18/19 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain?* 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination?* Comments Miscellaneous attachments not previously requested. Yes No HPOWEB, SHPO correspondence Click the upload button or drag and drop files here to attach document Apex_Greenway_SHPO_Response_No_Resources.pdf 290.75KB File must be PDF Yes No A No-Rise certification is being pursued. FEMA Floodplain Maps Miscellaneous Part of the Middle Creek Greenway is being constructed as a part of the Complete 540 (I-540) Project. That portion of the project is covered under the Complete 540 FEIS and has been permitted and will be constructed by NCDOT. The remaining portion of the project, while publicly funded through the Town of Apex, does not require an environmental document. Click the upload button or drag and drop files here to attach document File must be PDF or KMZ 3/26/2021 Submission Completed https://edocs.deq.nc.gov/Forms/Form/Submit 19/19 * · 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:* Signature * Date Signature By checking the box and signing below, I certify that: James Mason 3/26/2021 DWR Pre-Filing Meeting Request Form Contact Name * Contact Email Address * Project Owner * Project Name * Project County * Owner Address:* Is this a transportation project?* Type(s) of approval sought from the DWR: Does this project have an existing project ID#?* Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below.* Please give a couple of dates you are available for a meeting. James Mason james.mason@threeoaksengineering.com Town of Apex Middle Creek Greenway Wake City Apex State / Province / Region NC Postal / Zip Code 27502 Country USA Street Address 73 Hunter Street Address Line 2 P.O. Box 250 Yes No 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Individual Permit Modification Shoreline Stabilization Yes No Phase I of the Town of Apex’s Middle Creek Greenway - Miramonte to Holly Springs Connector Project is comprised of the greenway connection that runs between the northern right-of-way boundary of future NC Highway 540 (also southern property boundary of the Reunion Pointe subdivision) to the southern right-of-way of Sunset Lake Road/ the Town of Holly Springs border at Sunset Lake Road. A portion of the greenway within the I-540 right-of-way has been permitted by and will be constructed by NCDOT; the remainder of the greenway will be constructed by the Town. Please attach the documentation you would like to have the meeting about. Signature * Submittal Date 2/24/2021 3/3/2021 3/10/2021 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. 2/17/2021 1 Jim Mason From:laserfiche@ncdenr.gov Sent:Saturday, March 20, 2021 12:01 AM To:Jim Mason Cc:stephanie.goss@ncdenr.gov Subject:Pre-Filing Time Clock has been reached for Middle Creek Greenway - 20190225 Ver 2 Attachments:DWR Pre-Filing Meeting Request Form.pdf The North Carolina Division of Water Resources has received the Pre-Filing Meeting Request Form for Middle Creek Greenway that you submitted on 2/17/2021. The ID number for that project is 20190225, Version 2.     Your Pre-Filing Meeting Request has now reached the 30 calendar days’ requirement and your application can now be accepted.      When you submit your application please upload a copy of the attached document in this email.      This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored.   PROPERTY LEGAL DESCRIPTION: AGENT AUTHORIZATION FORM 0750129771, 0750139122 0750230303, 0750221956, 0750146262 LOT NO. PLAN NO. PARCEL ID: s REET AppREsS: off the north side of Sunset Lake Road, between Stonecreek Dr and Black Forest Dr/River Falls ❑r at the pump station Please print: Town of Apex, North Carolina Property Owner: Property Owner: Contact: Angela Reincke, Parks and Greenways Planner The undersigned, registered property owners of the above noted property, do hereby authorize James Mason, PWS of Three Oaks Engineering, Inc. (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 73 Hunter St, PO Box 250, Apex, NC 27502 Telephone: (919) 372-7468 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. �7 James Three oaks Engineering, Inc /.�I��`�� AssiF ln:rk r�..�r� Mason W.��;„�,...� Authorized Signature Authorized Signature Date: 2/21/2021 Date: 2-23-7 1Figure Topographic Map - Apex, NC 2019 Wake County, North Carolina USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; USGS Global Ecosystems; U.S. Census Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S. Department of State Humanitarian Information Unit; and NOAA National Centers for Environmental Information, U.S. Coastal Relief Model. Data refreshed May, 2020. Prepared For:Date: Checked By: Job No.: Drawn By: Scale: ¯ February 2021 17-017 NMSO JSM 0 300150 Feet Project Study Area Phase 1 - Middle Creek Greenway Miramonte to Holly Springs Connector 2Figure USDA-NRCS Soil Survey Map Wake County, North Carolina Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Prepared For:Date: Checked By: Job No.: Drawn By: Scale: ¯ February 2021 17-017 NMSO JSM 0 15075 Feet Project Study Area USDA-NRCS Soil Survey ChA: Chewacla/Wehadkee, 0-2% slope HrB: Herndon silt loam, 2-6% slope HrC: Herndon silt loam, 6-10% slope NaD: Nadford silt loam, 10-15% slope NaE: Nadford silt loam, 15-25% slope Ur: Urban land Phase 1 - Middle Creek Greenway Miramonte to Holly Springs Connector (Version 2.04; Released November 2015)TIP No.:APEX GWYCounty(ies):Wake Page 1 of 1TIP Number:Date:Phone:Phone:Email:Email:County(ies):CAMA County?YesDesign/Future:Year:Existing:Year:Aquatic T&E Species?NoComments:NoN/ANoN/ADeck Drains Discharge Over Water Body?(If yes, provide justification in the General Project Narrative)(If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative)(If yes, provide justification in the General Project Narrative)ac.New construction, no existing greenway on existing project site.jason.patskoski@summitde.net Project Includes Bridge Spanning Water Body?Deck Drains Discharge Over Buffer?Dissipator Pads Provided in Buffer?NRTR Stream ID:Annual Avg Daily Traffic (veh/hr/day):Existing SiteProject Length (lin. miles or feet): ac.Surface Water Body (1): Class CNCDWR Surface Water Classification for Water BodyNeuseBuffer Rules in Effect:N/ANone10' greenway with grassed shoulders and a 30' crossingWaterbody InformationNCDWR Stream Index No.:Impairments:Other Stream Classification: Primary Classification: Project Built-Upon Area (ac.)NoneTown of Apex proposes a new greenway that begins at Sunset Lake Drive and crosses over Middle Creek. Apex Middle Creek Greenway is a new construction project. The project intends to construct a 0.34-mile-long greenway that will disturb 1.55 acres of lands. Drainage area impacts will be minimized and be maintained as close to pre-construction conditions as possible. There are currently no stormwater treatment devices, and none are being proposed. There is one stream crossing location that will require a new pipe crossing which will cause a stream impact. All stream impacts will be kept within the limits of disturbance during construction. Additionally, an equalizer pipe will be constructed where the wetland is being crossed. The fill slopes and erosion and sediment control devices have been minimized to reduce impacts within buffer zones and wetlands to the greatest extent practical.Summit Design and Engineering ServicesTown of ApexHighway Stormwater Program STORMWATER MANAGEMENT PLANProject Type:Address:General Project InformationAPEX GWYWBS Element:OtherWBS Element:Jason Patskoski, PhD, P.E.NCDOT Contact:1110 Navaho Drive, Suite 600Raleigh, NC 27609Contractor / Designer:(919) 322-0115Address:3/4/2021WakeApexRiver Basin(s): City/Town:1.3Typical Cross Section Description: Surrounding Land Use: General Project Narrative:(Description of Minimization of Water Quality Impacts)NoUrban Area with Residential Land UsesTributary to Middle Creek27-43-15-(1)0.0.34 mileProject DescriptionProposed ProjectNeuseNoneSupplemental Classification: Nutrient Sensitive Waters (NSW)Wetlands within Project Limits? PROJECT BEGIN PROJECT END VICINITY MAP LOCATION: TYPE OF WORK: RIVER BASIN: NEUSE RIVER MIDDLE CREEK GWY 0 0 0 PROFILE (HORIZONTAL) PROJECT LENGTH RIGHT OF WAY DATE: LETTING DATE: STATE NO. TOTAL SHEETS N.C. SHEET 1 DESIGN DATA SIGNATURE: SIGNATURE: P.E. P.E. 2018 STANDARD SPECIFICATIONS PROJECT ENGINEER GRAPHIC SCALES PLANS PROFILE (VERTICAL) HYDRAULICS ENGINEER ENGINEER ROADWAY DESIGN09/08/990 00 04-MAR-2021 16:262017-135_hyd_prm_tsh.dgnhe.yangCONTRACT:SUMMIT PROJECT REFERENCE NO. Prepared in the Office of: PROJECT DESIGNERSUM MIT PROJECT:TOWN OF APEX CONTACTMIDDLE CREEK GWYFut ure N C-540Sunset La ke Rd Middle Creekof Apex Town GRADING, DRAINAGE, AND PAVING PROJECT LOCATION SUNSET LAKE DRIVE AND MIDDLE CREEK TOWN OF APEX DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED V FUNC CLASS = MPH= FIRM NO. P-0339 50 25 50 100 50 25 50 100 10 5 10 20 SUB REGIONAL TIER www.summitde.net Fax: (919) 732-6776 Voice: (919) 732-3883 Hillsborough, NC 27278-8551 320 Executive Ct. N/A LOCAL URBAN TOTAL LENGTH PROJECT = 0.340 MILES SHEET 1 OF 13 PERMIT DRAWING Angela Reincke P372 Rd.CNAD 83/ 2011 S unset L akePineElmDr.Ln.Dr.BlackForestCo lon ia lOa ksKingsMonarch B irch Dutch 27.1 LF 18" RCP-IV 68.8 LF 24" RCP-IV 30.3 LF 24" RCP-IV 34.3 LF 24" RCP-IV FILL IN WETLAND MECHANIZED CLEARING MATCH LINE -L1- STA 20+50 (SEE SHEET 05)2 380 330 340 350 360 370 380 330 340 350 360 370 11 12 13 14 15 16 17 18 19 2010 21 SHEET 2 OF 13 PERMIT DRAWING WETLAND DENOTES FILL INFF GRAPHIC SCALE 0'50'100'50' CLEARING DENOTES MECHANIZED* * * * ** * ** * *REVISIONS DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED www.altaplanning.com NC License #P-1301 SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8/17/9904-MAR-2021 16:262017-135_hyd_prm_psh_2.dgnhe.yangDurham, North Carolina 27701 111 S. Main Street Suite 100 p:919.484.8448 GR60" CONCSR 1301 SUNSET LAKE RD 62' BST30" C&G30" C&GLOCATI ONAPPRX DI 101520SITE 1 JB w/MH 2GI-D1015 20C FC CCCC F VC = 30' PI = 10+48.09 EL = 357.43' PI = 10+54.10 EL = 357.54' (-)8.0402%PI = 10+60.07 EL = 357.06' (-)1.5986% PI = 11+07.43 EL = 356.30'EL = 351.05'STA 12+50 -L- LTBEGIN DITCH GRADEEL = 352.33'STA 14+25 -L- LTBEGIN DITCH GRADEEL = 352.05'STA 14+00 -L- LTDITCH PIEL = 351.55'STA 13+00 -L- LTDITCH PIEL = 350.43'STA 12+81 -L- LTEND DITCH GRADE2 .0%5.9%0.5%EL = 353.07'STA 14+50 -L- LTBEGIN DITCH GRADE1.1%0.5%EL = 354.00'STA 15+50 -L- LTBEGIN DITCH GRADEEL = 352.71'STA 15+21 -L- LTEND DITCH GRADE4.4%EL = 352.88'STA 17+25 -L- LTBEGIN DITCH GRADEEL = 352.26'STA 17+50 -L- LTBEGIN DITCH GRADEEL = 353.92'STA 16+50 -L- LTBEGIN DITCH GRADEEL = 352.16'STA 16+82 -L- LTEND DITCH GRADEEL = 352.75'STA 17+00 -L- LTDITCH PI3.3%5.5%D0.5%0.54%EL = 351.04'STA 19+75 -L- LTDITCH SECTION CHANGE0.54% PI = 11+88.20 EL = 352.35'(-)5.3833% EL=357.34 -L1- STA. 10+34.59 TIE TO EXISTING BEGIN GRADE EL = 357.23' PI = 10+36.59 EL = 357.34' PI = 10+34.59 PI = 12+60.00 EL = 355.58' PI = 13+79.73 EL = 352.34' PI = 15+70.01 EL = 357.86' VC = 170'PI = 18+20.09 EL = 352.61' VC = 60'VC = 60'VC = 50' (+)1.7193%(+)4.5000%(-)2 .7000%(+)2.9000%(-)2.1000% (+)1.8303% PI = 20+60.00 EL = 352.40' VC = 60'(-)4 . 90 0 0 %(-)0.0888% SEE SHEET 6 & 7 FOR ENLARGED PLANS LEFT DITCHRFH 27.1 LF 18" RCP-IV 68.8 LF 24" RCP-IV 30.3 LF 24" RCP-IV 34.3 LF 24" RCP-IV FILL IN WETLAND MECHANIZED CLEARING MATCH LINE -L1- STA 20+50 (SEE SHEET 05)3 380 330 340 350 360 370 380 330 340 350 360 370 11 12 13 14 15 16 17 18 19 2010 21 SHEET 3 OF 13 PERMIT DRAWING WETLAND DENOTES FILL INFF GRAPHIC SCALE 0'50'100'50' CLEARING DENOTES MECHANIZED* * * * ** * ** * *REVISIONS DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED www.altaplanning.com NC License #P-1301 SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8/17/9904-MAR-2021 16:272017-135_hyd_prm_psh_3.dgnhe.yangDurham, North Carolina 27701 111 S. Main Street Suite 100 p:919.484.8448 GR60" CONCSR 1301 SUNSET LAKE RD 62' BST30" C&G30" C&GLOCATI ONAPPRX DI 101520342342343343343343 3 4 4344 345345345345 345 345346346 346 346346347347347347347347 347 347347 347347347347347347 347347347347347347347 348348348 348 348 34 8 348 348348348348 348348 3483 4 8 348348 3 4 8 3483483483483 4 8 3483483483483483483 4 9 349349 349 349349349349349349349 349 349 34934934 9 349349349349349349 349349349349 34934934934934934935 0 3 5 0 350 350350350 350 350 350 350350 350 35 0 350350 3 5 0 350 350350 35035035 0350 350350350350350350350350350351351 351351 351 351351351 351 351351352352352352 352 352 352352 35235235235235 2 35 2 353 353 353 353 353353353353353353 3533 53 354 354 354 354 35435435 4 3 54 354 354 3 5 4 355 355 355 355 355 355 355 355 355 355355355 35 5 355 355 356 356356 356 356 35635 6 356 357 357357 357 357357357 357358 358 358 358 358358 358 359359 359 359 359 35 9 359 359359360 360 360360360 360 360 360360360 3 6 0 360 360 3603 6 1 361361 361361 361 361 362362362 362362 362 36 2 36236 3 3633 63 363 363 363 363364 364 364364364364364 36 4 364 365 365365 365 365365365 365365365365 365 36536536536 5 365 3653663 6 63 6 6 366 366366 366366 366366366366366366367367367 367367367367367 367367368 3 6 8 368 368368368368 368 368368368368368368369 369 369 369369 369369 369 369 369370370 3 7 0 3 70 370 370 370 370370 370370370 3 70 3 7 0 37 0 370 370371 371 371 371371 371 371 371372372 372372372372 372 372 373 373 373373 373 373374374 374374374374 374 374 3753 7 5 375375 375 375375375375375 375 375 375376 376376376 376377377 37 7 37 7 377 378378378 378 379 379379379 379 379 380380 380380380 380380 380381381381381381381382382382 382 382382382382383 383383383384 384 385 385 3 8 5 386 3863883 8 9 389 SITE 1 JB w/MH 2GI-D1015 20C FC CCCC F VC = 30' PI = 10+48.09 EL = 357.43' PI = 10+54.10 EL = 357.54' (-)8.0402%PI = 10+60.07 EL = 357.06' (-)1.5986% PI = 11+07.43 EL = 356.30'EL = 351.05'STA 12+50 -L- LTBEGIN DITCH GRADEEL = 352.33'STA 14+25 -L- LTBEGIN DITCH GRADEEL = 352.05'STA 14+00 -L- LTDITCH PIEL = 351.55'STA 13+00 -L- LTDITCH PIEL = 350.43'STA 12+81 -L- LTEND DITCH GRADE2 .0%5.9%0.5%EL = 353.07'STA 14+50 -L- LTBEGIN DITCH GRADE1.1%0.5%EL = 354.00'STA 15+50 -L- LTBEGIN DITCH GRADEEL = 352.71'STA 15+21 -L- LTEND DITCH GRADE4.4%EL = 352.88'STA 17+25 -L- LTBEGIN DITCH GRADEEL = 352.26'STA 17+50 -L- LTBEGIN DITCH GRADEEL = 353.92'STA 16+50 -L- LTBEGIN DITCH GRADEEL = 352.16'STA 16+82 -L- LTEND DITCH GRADEEL = 352.75'STA 17+00 -L- LTDITCH PI3.3%5.5%D0.5%0.54%EL = 351.04'STA 19+75 -L- LTDITCH SECTION CHANGE0.54% PI = 11+88.20 EL = 352.35'(-)5.3833% EL=357.34 -L1- STA. 10+34.59 TIE TO EXISTING BEGIN GRADE EL = 357.23' PI = 10+36.59 EL = 357.34' PI = 10+34.59 PI = 12+60.00 EL = 355.58' PI = 13+79.73 EL = 352.34' PI = 15+70.01 EL = 357.86' VC = 170'PI = 18+20.09 EL = 352.61' VC = 60'VC = 60'VC = 50' (+)1.7193%(+)4.5000%(-)2 .7000%(+)2.9000%(-)2.1000% (+)1.8303% PI = 20+60.00 EL = 352.40' VC = 60'(-)4 . 90 0 0 %(-)0.0888% SEE SHEET 6 & 7 FOR ENLARGED PLANS LEFT DITCHRFH COIR FIBER MATTINGCOIR FIBER MATTING 35.8 LF 3@48" RCP-IV EQUALIZER PIPE 36 LF 12" RCP-IV BURIED 20% PROP 3 @ 48" CMP MECHANIZED CLEARING IMPACT STREAM TEMPORARY IMPACT STREAM TEMPORARY MECHANIZED CLEARING MECHANIZED CLEARING MECHANIZED CLEARING I-540 IMPACTED DURING WETLAND AREA TO BE UNDER CONSTRUCTION GREENWAY CURRENTLY I-540 IMPACTED DURING WETLAND AREA TO BE UNDER CONSTRUCTION GREENWAY CURRENTLY PI = 27+12.70 EL = 350.00' PI = 27+94.85 EL = 351.29' (+)1.5723%(-)0.0293% VC = 60 VC = 60'REVISIONS DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED www.altaplanning.com NC License #P-1301 SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8/17/9904-MAR-2021 16:272017-135_hyd_prm_psh_4.dgnhe.yangDurham, North Carolina 27701 111 S. Main Street Suite 100 p:919.484.8448 MATCH LINE -L1- STA 20+50 (SEE SHEET 04)4 330 340 350 360 370 330 340 350 360 370 21 22 23 24 25 26 27 2820 SHEET 4 OF 13 PERMIT DRAWING WETLAND DENOTES FILL INFF CLEARING DENOTES MECHANIZED* * * * ** * ** * * GRAPHIC SCALE 0'50'100'50' S S SURFACE WATER DENOTES IMPACTS IN WETLAND DENOTES FILL INFF PERMITTED FOR R-2721 PERMANENT IMPACTS9' BST TRAIL25GREU TL-3SITE 2 SITE 3 SITE 4 GREU TL-3HW GRADE TO DRAIN (LEFT TO RIGHT LOOKING DOWNSTREAM) NOT TO SCALE EST TONS CLASS 'I' = 16 TONS EST GEOTEXTILE = 24 SY EST COIR FIBER MATTING = 13 SY DDE = 19 CY (LEFT TO RIGHT LOOKING DOWNSTREAM) NOT TO SCALE EST TONS CLASS 'I' = 17 TONS EST COIR FIBER MATTING = 15 SY DDE = 13 CY EST GEOTEXTILE = 23 SY W/ GEOTEXTILE CL 1 RIP RAP W/ GEOTEXTILE CL 1 RIP RAP 1.5' 1.5' KEY IN 1.0' KEY IN 1.0' 1:1 OR FLATTER 1:1 OR FLATTER COIR FIBER MATTING 1.5' 1.5' KEY IN 1.0' KEY IN 1.0' 1:1 OR FLATTER 1:1 OR FLATTER COIR FIBER MATTING W/ GEOTEXTILE CL 1 RIP RAPW/ GEOTEXTILE CL 1 RIP RAP INLET TYPICAL US 3@48" RCP INLET TYPICAL US 3@48" RCP EL=351.28 -L1- STA. 28+46.58 TIE TO EXISTING GREENWAY END GRADE EL=350.00 -L1- STA. 26+82.70 TIE TO PROPOSED NC-540 GREENWAY BEGIN GRADE EL=350.00 -L1- STA. 23+35.75 TIE TO PROPOSED NC-540 GREENWAY END GRADE PI = 20+60.00 EL = 352.40' PI = 21+20.50 EL = 349.67' PI = 21+80.00 EL = 352.35' PI = 22+41.24 EL = 349.40 PI = 23+15.75 EL = 350.00' VC = 60' VC = 40'VC = 40'VC = 40'VC = 40' (+)1.5723% (+)1.5723%(-)0.0293%351.28(-)0.0888% 0.0000%(-)4 .500 0 %(+)4.5000%(-)4 .5000 %(+)0.5422% SEE SHEET 8 & 9 FOR ENLARGED PLANS SEE SHEET 10 & 11 FOR ENLARGED PLANS SITE 5 0 TO 6' VARIES 0 TO 3' VARIES 0 TO 9' VARIES 0 TO 5' VARIES COIR FIBER MATTINGCOIR FIBER MATTING 35.8 LF 3@48" RCP-IV EQUALIZER PIPE 36 LF 12" RCP-IV BURIED 20% PROP 3 @ 48" CMP MECHANIZED CLEARING IMPACT STREAM TEMPORARY IMPACT STREAM TEMPORARY MECHANIZED CLEARING MECHANIZED CLEARING MECHANIZED CLEARING I-540 IMPACTED DURING WETLAND AREA TO BE UNDER CONSTRUCTION GREENWAY CURRENTLY I-540 IMPACTED DURING WETLAND AREA TO BE UNDER CONSTRUCTION GREENWAY CURRENTLY PI = 27+12.70 EL = 350.00' PI = 27+94.85 EL = 351.29' (+)1.5723%(-)0.0293% VC = 60 VC = 60'REVISIONS DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED www.altaplanning.com NC License #P-1301 SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8/17/9904-MAR-2021 16:272017-135_hyd_prm_psh_5.dgnhe.yangDurham, North Carolina 27701 111 S. Main Street Suite 100 p:919.484.8448 MATCH LINE -L1- STA 20+50 (SEE SHEET 04)5 330 340 350 360 370 330 340 350 360 370 21 22 23 24 25 26 27 2820 SHEET 5 OF 13 PERMIT DRAWING WETLAND DENOTES FILL INFF CLEARING DENOTES MECHANIZED* * * * ** * ** * * GRAPHIC SCALE 0'50'100'50' S S SURFACE WATER DENOTES IMPACTS IN WETLAND DENOTES FILL INFF PERMITTED FOR R-2721 PERMANENT IMPACTS9' BST TRAIL2534 3 3433433 4 4 344344344 344 344 344344 344345345 345 345 345 345345345345345345345345345 345 345 345 345 3 4 5 345345 34534534534 6 346346 346 3463 4 6 346346 346346346 346 346 3463463 4 7 347347347 3473 4 7 3473473 47347 347347 347 347 3 4 7 347347347 3473 4 7347347 3473 4 8 348 348 348 34834834834834 8 348348348 348 348 348 348 348348348348348 348348349349349349 349 349 349 34934 934 9349 3 4 93493493493493493493 4 9 349 349 34934 9 349349349349349 349349349349349349349 349349349349349349349 349349349350350 350 350350350350 3 50 350 350 350350350350350 35035 0 350350 3503503 5 0350350 350 35035035035 0 35035035035 0 350350350350 350 350350350 350 35035035035035 0 350 35035035 0 3 5 0 350 3 5 0 35 0 35035 0 350350350 350350350350350350350351 351 351351351 351351351351 351351351351 351 351 351 351351351351351 3 5 1 351351351351351 351 3 5 1 3513513513513513513 51351351351 351352 352 352352352352 352 352352352352352352352352352352352352 35 2 3523523523523 5 2 352352352352352 352 352352352352 35235235235235235335335335 3 35 3353 353353 353 353 353 353353353354 354 354 3 5 4 354354 354 354354354 355355355 355 35 5 355 355355 355355355 355355 356356356356356356 357 357 357357357 358 35 8 358 358358358 359 359359359359359360360360360360 360360 360360360 360 360360361361 361361361 361 36236236 2362362 363 363 363 363363363 363 364 3 6 4364364 364 364365 365 365365365365 365 366366366 367367367 367 368 368 3 6 9 369 370 370370 371 371 372 372372372373373374374374 375375GREU TL-3SITE 2 SITE 3 SITE 4 GREU TL-3HW GRADE TO DRAIN (LEFT TO RIGHT LOOKING DOWNSTREAM) NOT TO SCALE EST TONS CLASS 'I' = 16 TONS EST GEOTEXTILE = 24 SY EST COIR FIBER MATTING = 13 SY DDE = 19 CY (LEFT TO RIGHT LOOKING DOWNSTREAM) NOT TO SCALE EST TONS CLASS 'I' = 17 TONS EST COIR FIBER MATTING = 15 SY DDE = 13 CY EST GEOTEXTILE = 23 SY W/ GEOTEXTILE CL 1 RIP RAP W/ GEOTEXTILE CL 1 RIP RAP 1.5' 1.5' KEY IN 1.0' KEY IN 1.0' 1:1 OR FLATTER 1:1 OR FLATTER COIR FIBER MATTING 1.5' 1.5' KEY IN 1.0' KEY IN 1.0' 1:1 OR FLATTER 1:1 OR FLATTER COIR FIBER MATTING W/ GEOTEXTILE CL 1 RIP RAPW/ GEOTEXTILE CL 1 RIP RAP INLET TYPICAL US 3@48" RCP INLET TYPICAL US 3@48" RCP EL=351.28 -L1- STA. 28+46.58 TIE TO EXISTING GREENWAY END GRADE EL=350.00 -L1- STA. 26+82.70 TIE TO PROPOSED NC-540 GREENWAY BEGIN GRADE EL=350.00 -L1- STA. 23+35.75 TIE TO PROPOSED NC-540 GREENWAY END GRADE PI = 20+60.00 EL = 352.40' PI = 21+20.50 EL = 349.67' PI = 21+80.00 EL = 352.35' PI = 22+41.24 EL = 349.40 PI = 23+15.75 EL = 350.00' VC = 60' VC = 40'VC = 40'VC = 40'VC = 40' (+)1.5723% (+)1.5723%(-)0.0293%351.28(-)0.0888% 0.0000%(-)4 .500 0 %(+)4.5000%(-)4 .5000 %(+)0.5422% SEE SHEET 8 & 9 FOR ENLARGED PLANS SEE SHEET 10 & 11 FOR ENLARGED PLANS SITE 5 0 TO 6' VARIES 0 TO 3' VARIES 0 TO 9' VARIES 0 TO 5' VARIES 30.3 LF 24" RCP-IV 27.1 LF 18" RCP-IV FILL IN WETLAND MECHANIZED CLEARING GRAPHIC SCALE 0'20'40'20' SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8/17/99DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED SHEET 6 OF 13 PERMIT DRAWING 6 www.altaplanning.com NC License #P-1301 Durham, North Carolina 27701 111 S. Main Street Suite 100 p:919.484.8448 WETLAND DENOTES FILL INFF CLEARING DENOTES MECHANIZED* * * * ** * ** * * JB w/MH 2GI-D O O O CGREX P/L+06.84 -Y3-EX P/L+06.94 -Y3-SITE 1 C F NC GRI DNAD 83 NA 2011 30.3 LF 24" RCP-IV 27.1 LF 18" RCP-IV 30.3 LF 24" RCP-IV FILL IN WETLAND MECHANIZED CLEARING GRAPHIC SCALE 0'20'40'20' SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8/17/99DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED SHEET 7 OF 13 PERMIT DRAWING 7 www.altaplanning.com NC License #P-1301 Durham, North Carolina 27701 111 S. Main Street Suite 100 p:919.484.8448 WETLAND DENOTES FILL INFF CLEARING DENOTES MECHANIZED* * * * ** * ** * * JB w/MH 2GI-D O O O CGR346347 347 347347348 348 348 34 8 348348348348348348349 349 349349349349349349349 34934934 9 349349349349350350350 350 350 350 350350 350 3 5 0 35035035 0350 350350350350351 351 351351351 351352 352 352 35235235235235 2 352353 353 353353353353353354 354 354354354 355 355 355 355 355 355355356 356 356357 357357358 358 358359 359 359 359359360360 360 360360360 360361361 362362 362 363 363 363 364364364 365365 365 365365366 366366366367367367368368 368 368369369 370370370 37 0 371371 372372 373373 374374375 SITE 1 C F 12" DI PGRLI FT STATI ONSANI TARYGATEINV=342.14' INV=341.98'INV=342.91'INV=342.91'8" PVC 24" PVC GRAPHIC SCALE 0'20'40'20' SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8/17/99DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED SHEET 7 OF 13 PERMIT DRAWING 7 www.altaplanning.com NC License #P-1301 Durham, North Carolina 27701 111 S. Main Street Suite 100 p:919.484.8448 WETLAND DENOTES FILL INFF CLEARING DENOTES MECHANIZED* * * * ** * ** * *NC GRI DNAD 83 NA 2011NC GRI DNAD 83 NA 2011 IMPACT STREAM TEMPORARY IMPACT STREAM TEMPORARY www.altaplanning.com NC License #P-1301 Durham, North Carolina 27701 111 S. Main Street Suite 100 p:919.484.8448 CLEARING DENOTES MECHANIZED* * * * ** * ** * * TS TS IMPACTS IN SURFACE WATER DENOTES TEMPORARY SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8/17/99DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED 8 WETLAND DENOTES FILL INFF S S SURFACE WATER DENOTES IMPACTS IN GRAPHIC SCALE 0'10'20'10' SHEET 8 OF 13 PERMIT DRAWING PERMITTED FOR R-2721 PERMANENT IMPACTS HW SITE 2 SITE 3NC GRI DNAD 83 NA 2011 IMPACT STREAM TEMPORARY IMPACT STREAM TEMPORARY www.altaplanning.com NC License #P-1301 Durham, North Carolina 27701 111 S. Main Street Suite 100 p:919.484.8448 CLEARING DENOTES MECHANIZED* * * * ** * ** * * TS TS IMPACTS IN SURFACE WATER DENOTES TEMPORARY SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8/17/99DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED WETLAND DENOTES FILL INFF S S SURFACE WATER DENOTES IMPACTS IN GRAPHIC SCALE 0'10'20'10' SHEET 9 OF 13 PERMIT DRAWING 9 PERMITTED FOR R-2721 PERMANENT IMPACTS HW 344 344 344345 345 345346 346347 347348 34834834934 9 349349349 349349349350 SITE 2 SITE 3NC GRI DNAD 83 NA 2011 MECHANIZED CLEARING MECHANIZED CLEARING MECHANIZED CLEARING MECHANIZED CLEARING I-540 IMPACTED DURING WETLAND AREA TO BE UNDER CONSTRUCTION GREENWAY CURRENTLY I-540 IMPACTED DURING WETLAND AREA TO BE UNDER CONSTRUCTION GREENWAY CURRENTLY www.altaplanning.com NC License #P-1301 Durham, North Carolina 27701 111 S. Main Street Suite 100 p:919.484.8448 CLEARING DENOTES MECHANIZED* * * * ** * ** * * SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8/17/99DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED WETLAND DENOTES FILL INFF GRAPHIC SCALE 0'10'20'10' SHEET 10 OF 13 PERMIT DRAWING 10 PERMITTED FOR R-2721 PERMANENT IMPACTS 9' BST TRAILSITE 4 NC GRI DNAD 83 NA 2011SITE 5 MECHANIZED CLEARING MECHANIZED CLEARING MECHANIZED CLEARING MECHANIZED CLEARING I-540 IMPACTED DURING WETLAND AREA TO BE UNDER CONSTRUCTION GREENWAY CURRENTLY I-540 IMPACTED DURING WETLAND AREA TO BE UNDER CONSTRUCTION GREENWAY CURRENTLY www.altaplanning.com NC License #P-1301 Durham, North Carolina 27701 111 S. Main Street Suite 100 p:919.484.8448 CLEARING DENOTES MECHANIZED* * * * ** * ** * * SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8/17/99DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED WETLAND DENOTES FILL INFF GRAPHIC SCALE 0'10'20'10' SHEET 11 OF 13 PERMIT DRAWING 11 PERMITTED FOR R-2721 PERMANENT IMPACTS 9' BST TRAIL345345345 345 345 345346346 346 347347 347347347348348 348 348349 349349349350 350 35035035035035035 0 350350 350 350350351351351 351351352352SITE 4 NC GRI DNAD 83 NA 2011SITE 5 RIGHT TB LEFT TB LEFT TB RIGHT TB SLOPE = 0.005 FT/FT 3@48" CMP BURIED 20%EXISTING CHANNEL PROPOSED GREENWAY INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION5/14/99SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER 04-MAR-2021 16:282017-135_hyd_prm_psh_12.dgnhe.yangDOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED 340 350 12 SHEET 12 OF 13 PERMIT DRAWING STA 22+81 -L1- 3 @ 48" RCP BURIED 20% HandExisting Existing Permanent Temp. Excavation Mechanized Clearing Permanent Temp. Channel Channel Natural SiteStationStructureFill In Fill In in Clearing in SW SW Impacts Impacts StreamNo. (From/To)Size / TypeWetlands Wetlands Wetlands in Wetlands Wetlands impacts impacts Permanent Temp. Design(ac) (ac) (ac) (ac) (ac) (ac) (ac) (ft) (ft) (ft)114+40 to 14+95 RTGreenway<0.01*<0.01**221+20 to 22+18 LT & RTGreenway0.05<0.01***322+63 to 22+96 LT & RT3@48" RCP0.02 <0.01****668427+35 to 27+81 LT & RTGreenway0.01<0.01*****528+08 to 28+47 LT & RTGreenway0.01<0.01******TOTALS*:0.08<0.01*******0.02 <0.01****668Rounded totals are sum of actual impacts***Greenway Mechanized Clearing in Wetlands = 165 sf****3@48" Crossing Temporary Stream Impact = 59 sf*****Greenway Mechanized Clearing in Wetlands = 76 sf******Greenway Mechanized Clearing in Wetlands = 117 sf*******Total Mechanized Clearing in Wetlands = 370 sfRevised 2013 10 24SHEET 13OF 13WAKE COUNTYSUNSET LAKE ROADTOWN OF APEXMIDDLE CREEK GREENWAY**Greenway Mechanized Clearing in Wetlands = 12 sf*Greenway Permanent Fill in Wetlands = 226 sfSTREAM PERMIT IMPACT SUMMARYSURFACE WATER IMPACTSWETLAND IMPACTS3/4/2021 5 '5 ' 5 '5 ' Alta Engineering SE, PLLC | altago.com | NC License #P-1301919-484-8448 111 E Chapel Hill Street, Suite 100 | Durham, NC 27701 C-9 TYPICAL SECTION NO. 1 GRADE POINT GRADE TO THIS LINE 0.02 CJ2 0.02 T T CL 2:1 MAXVAR SEE X-SECTI ONS2:1 MAX VAR SEE X-SECTIONS 2:1 MAXVAR SEE X-SECTI ONSSEPERATOR FABRIC USE TYPICAL SECTION NO. 1: -L1- STA. 23+35.75 TO STA. 26+82.70 -L1- STA. 22+40.00 TO STA. 23+35.75 -L1- STA. 11+07.38 TO STA. 21+50.00 '2 '2 TYPICAL SECTION NO. 2 GRADE POINT GRADE TO THIS LINE 0.02 CJ2 0.02 T T CL 2:1 MAX VAR SEE X-SECTIONS 2:1 MAXVAR SEE X-SECTI ONSSEPERATOR FABRIC USE TYPICAL SECTION NO. 2: '2 '2 -L1- STA. 21+50.00 TO STA. 22+40.00 48" UNDERCUT WITH CLASS IV SUBGRADE STABILIZATION J1 J1 J1 J1 2' GRANITE SCREENINGS SHOULDER MATCHES THE CROSS SLOPE OF TRAIL.1) NOTES:$$$$$$SYSTIME$$$$$$$$$$$$$$$$$$$$$DGN$$$$$$$$$$$$$$$$$$$$USERNAME$$$$5/14/99SHEET NO.PROJECT REFERENCE NO. DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED ENGINEER PAVEMENT SCHEDULE PROP. 6" AGGREGATE BASE COURSE C EARTH MATERIALT NOTE: ALL PAVEMENT EDGE SLOPES ARE 1:1. S AVERAGE RATE OF 110 LBS PER SQ. YD. IN EACH OF TWO LAYERS PROP. APPROX. 2" ASPHALT CONCRETE SURFACE COURSE, TYPE SF 9.5A, AT AN PER CITY STD DWG NO. 300.08 PROP. 4" CONCRETE SIDEWALK J1 J2 PROP. 2" GRANITE SCREENINGS Mailing Address: TOWN OF APEX PO BOX 250 APEX, NC 27502 Telephone: (919) 249-3400 Website: www.apexnc.org Physical Address: 73 HUNTER STREET APEX, NC 27502 March 10, 2021 United States Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 SUBJECT: Preliminary Jurisdictional Determination Package for the following Town of Apex project: Phase I, Middle Creek Greenway - Miramonte to Holly Springs Connector in Apex, Wake County, North Carolina. To Whom It May Concern: Phase I of the Town of Apex’s Middle Creek Greenway - Miramonte to Holly Springs Connector Project is comprised of the greenway connection that runs between the northern right-of-way boundary of future NC Highway 540 (also southern property boundary of the Reunion Pointe subdivision), which is currently under construction, to the southern right-of-way of SR 1301 (Sunset Lake Road)/ the Town of Holly Springs border at Sunset Lake Road in Apex, Wake County, North Carolina. A portion of the project within the road right-of-way is being built as part of the N.C. Department of Transportation’s (NCDOT) Complete I-540 Project (STIP Nos. R-2721A, R-2721B, and R-2828). Below and attached are a brief description of the project, figures depicting all features, and appropriate forms. On August 1, 2017, June 4, 2018, and April 7, 2020, Three Oaks Engineering, Inc. (Three Oaks) staff conducted site investigations (Appendix A, Figures 1 – 4). Three potential jurisdictional features unique to the project (one stream and two wetlands) were identified within the study area (Tables 1-3). No surface waters (i.e., ponds, basins, or tributaries) were identified. The portion of this project that overlaps with Complete I-540 has already been delineated and verified as part of that project. Additionally, some of these features will be impacted by the Complete I-540 project and have already been permitted by NCDOT. Therefore, for the areas of overlap, the NCDOT delineation was used to show the NCDOT delineation, pre-impact, and these features are symbolized differently on the mapping. NCDOT features do not have a feature name associated with them. All features are located in the Neuse River Basin (U.S. Geological Survey Hydrologic Unit Code 03020201). U.S. Army Corps of Engineers (USACE) Wetland Determination forms (wetland and upland) are included for each potential jurisdictional wetland. North Carolina Wetland Assessment Method (NCWAM) forms were not completed since no wetlands unique to this project exhibited characteristics of disturbed, low-quality wetlands. A N.C. Division of Water Resources (NCDWR) Stream Identification form is also included for Stream SA, along with a North Carolina Stream Assessment Method (NCSAM) form (Appendix B). A USACE ORM Data Entry form, USACE Jurisdictional Determination Request form, USACE PJD Form, Agent Authorization Form, and a USACE Waters Upload spreadsheet are also included with this submittal (Appendix C). Please see the following PJD Package: Table 1. Potential jurisdictional streams unique to this project Stream Name Map ID NCDWR Index Number Best Usage Classification Bank Height (ft.) Bankfull width (ft.) Depth (in.) Unnamed Tributary (UT) to Middle Creek SA 27-43-15- (1) C; NSW 3-4 6-8 0-4 Table 2. Characteristics of potential jurisdictional streams unique to this project Map ID Length (ft.) Classification NCSAM Rating River Basin Buffer SA 80 Perennial Medium Subject Total 80 Table 3. Characteristics of potential jurisdictional wetlands unique to this project Map ID1 NCWAM Classification NCWAM Rating Hydrologic Classification Area (ac.) WE Headwater Forest *2 Riparian 0.02 WF Bottomland Hardwood Forest *2 Riparian <0.013 Total 0.02 1 Wetlands WA – WD and a portion of WE were within the area already delineated as part of NCDOT project R-2828. Therefore, the NCDOT delineation was used and those wetlands were removed from this project’s delineation. 2 * – NCWAM forms were not completed for wetlands possessing characteristics conducive to them receiving higher mitigation ratios and functional rating values. 3 An additional 0.02 ac. of this wetland was delineated as part of the Complete I-540 project and is not included here. If you have any questions, require additional information, or would like to schedule a site visit, please contact me at (919) 372-7468 or by email at angela.reincke@apexnc.org. Alternatively, you can also contact James Mason at Three Oaks, who is the Authorized Agent managing the PJD for this project, either by phone at (704) 604-8358 or by email at james.mason@threeoaksengineering.com. This is a request for concurrence with our assessment. Three Oaks is submitting this request on behalf of the Town. We appreciate your assistance on this project. Sincerely, Angela Reincke Parks and Greenways Planner Town of Apex Parks, Recreation and Cultural Resources Cc: NCDWR Raleigh Regional Office For James Mason Digitally signed by James Mason Date: 2021.03.05 11:59:26 -05'00' Appendix A Figures 1Figure Vicinity Map Wake County, North Carolina Storemon t W ay FountainSpringsRdArborCreek Dr Str aywhite A v e Reunion WoodsTrlWil l i amsSt Gallent Hedge TrlHyannis Dr Trellis P ointeD r FireflyRd BlackFo r e s t D rWindcapDrSto n ecre ekDrSunshi neCrest Ct Arbor Crest RdOsterville Dr HazelmereDr ThorncrestDr Sunset L ak e R d Wellspri ngDr DovesH a v e n D r Katha Dr Ed d ie Cre ek Dr VineSt MerionSt ati o n D r DaneswayDrVine St LindellDr C re e k H a v e n D r Ballytore Dr Goos e b e r ryDrReunionMeadows Ln Ridge L akeDr ColonialOaks DrKings Pine LnCabanaDr Reunion CreekPkwy FloriansDr MorenaDrMain StHollyho ck Ln ArborCrest RdDutch E lm D rReunio n P arkDr Fairford DrCommonsDrAdefieldLnEd dieCreekDr SmithRdMonarchBirchDr Mi d d l e Cr e e k NCCGIA Prepared For:Date: Checked By: Job No.: Drawn By: Scale:WAKECHATHAMWAK E HARN E T T © OpenStreetMap (and) contributors, CC-BY-SA ¯ February 2021 17-017 CMR JSM 0 420210 Feet Study Area Stream Streets ^_ Phase 1 - Middle Creek Greenway Miramonte to Holly Springs Connector 2Figure Topographic Map Wake County, North Carolina RidgeLakeDr FireflyRdGreycrest CtThorncrestDr StonecreekDrLindell Dr Florians Dr Hollyhock L n SunsetLakeRd Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Prepared For:Date: Checked By: Job No.: Drawn By: Scale: ¯ February 2021 17-017 CMR JSM 0 13065 Feet Study Area NCDOT R-2828 Wetlands Potential Wetland WOUS Potential Non-wetland WOUS (Stream) Streets Phase 1 - Middle Creek Greenway Miramonte to Holly Springs Connector 2Figure Topographic Map Wake County, North Carolina Wetland WE Wetland WF Sunset Lake Rd Firefly RdRidg e L a k e D rSources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Prepared For:Date: Checked By: Job No.: Drawn By: Scale: ¯ February 2021 17-017 CMR JSM 0 5025 Feet Study Area NCDOT R-2828 Wetlands Potential Wetland WOUS Potential Non-wetland WOUS (Stream) Streets Phase 1 - Middle Creek Greenway Miramonte to Holly Springs Connector Zoom 1 of 2 2Figure Topographic Map Wake County, North Carolina Holly hock Ln St reamSA Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Prepared For:Date: Checked By: Job No.: Drawn By: Scale: ¯ February 2021 17-017 CMR JSM 0 5025 Feet Study Area NCDOT R-2828 Wetlands Potential Wetland WOUS Potential Non-wetland WOUS (Stream) Streets Phase 1 - Middle Creek Greenway Miramonte to Holly Springs Connector Zoom 2 of 2 3Figure Aerial Map Wake County, North Carolina RidgeLakeDr FireflyRdGreycrest CtThorncrestDr StonecreekDrLindell Dr Florians Dr Hollyhock L n SunsetLakeRd NCCGIA, NC911 Board Prepared For:Date: Checked By: Job No.: Drawn By: Scale: ¯ February 2021 17-017 CMR JSM 0 13065 Feet Study Area NCDOT R-2828 Wetlands Potential Wetland WOUS Potential Non-wetland WOUS (Stream) Streets Phase 1 - Middle Creek Greenway Miramonte to Holly Springs Connector 3Figure Aerial Map Wake County, North Carolina Wetland WE Wetland WF Sunset Lake Rd Firefly RdRidg e L a k e D rNCCGIA, NC911 Board Prepared For:Date: Checked By: Job No.: Drawn By: Scale: ¯ February 2021 17-017 CMR JSM 0 5025 Feet Study Area NCDOT R-2828 Wetlands Potential Wetland WOUS Potential Non-wetland WOUS (Stream) Streets Phase 1 - Middle Creek Greenway Miramonte to Holly Springs Connector Zoom 1 of 2 3Figure Aerial Map Wake County, North Carolina Holly hock Ln St reamSA NCCGIA, NC911 Board Prepared For:Date: Checked By: Job No.: Drawn By: Scale: ¯ February 2021 17-017 CMR JSM 0 5025 Feet Study Area NCDOT R-2828 Wetlands Potential Wetland WOUS Potential Non-wetland WOUS (Stream) Streets Phase 1 - Middle Creek Greenway Miramonte to Holly Springs Connector Zoom 2 of 2 4Figure LiDAR Map Wake County, North Carolina RidgeLakeDr FireflyRdGreycrest CtThorncrestDr StonecreekDrLindell Dr Florians Dr Hollyhock L n SunsetLakeRd Prepared For:Date: Checked By: Job No.: Drawn By: Scale: ¯ February 2021 17-017 CMR JSM 0 13065 Feet Study Area NCDOT R-2828 Wetlands Potential Wetland WOUS Potential Non-wetland WOUS (Stream) Streets Value High : 499.973 Low : 336.476 Phase 1 - Middle Creek Greenway Miramonte to Holly Springs Connector 4Figure LiDAR Map Wake County, North Carolina Wetland WE Wetland WF Sunset Lake Rd Firefly RdRidg e L a k e D rPrepared For:Date: Checked By: Job No.: Drawn By: Scale: ¯ February 2021 17-017 CMR JSM 0 5025 Feet Study Area NCDOT R-2828 Wetlands Potential Wetland WOUS Potential Non-wetland WOUS (Stream) Streets Value High : 499.973 Low : 336.476 Phase 1 - Middle Creek Greenway Miramonte to Holly Springs Connector Zoom 1 of 2 4Figure LiDAR Map Wake County, North Carolina Holly hock Ln St reamSA Prepared For:Date: Checked By: Job No.: Drawn By: Scale: ¯ February 2021 17-017 CMR JSM 0 5025 Feet Study Area NCDOT R-2828 Wetlands Potential Wetland WOUS Potential Non-wetland WOUS (Stream) Streets Value High : 499.973 Low : 336.476 Phase 1 - Middle Creek Greenway Miramonte to Holly Springs Connector Zoom 2 of 2 Appendix B Stream and Wetland Data Forms NC D Stream Identification Form Version 4.11 Date: t-j /"t Evaluator: Total Points: Stream is at least intermittent if'i!:. 19 or erennial if'i?. 30* A. Geomoroholoav (Subtotal = I t, 1 a. Continuity of channel bed and bank 2. Sinuosity of channel along thalweg 3. In-channel structure: ex. riffle-pool, step-pool, rioole-nnol sequence 4. Particle size of stream substrate 5. Active/relict floodplain 6. Depositional bars or benches 7. Recent alluvial deposits 8. Headcuts 9. Grade control ' 10. Natural valley 11 . Second or greater order channel ) a artificial ditches are not rated, see d1scuss1ons In manual B. Hvdroloav (Subtotal = q,5 ) . 12. Presence of Baseflow 13. Iron oxidizing bacteria 14. Leaf litter 15. Sediment on plants or debris 16. Organic debris lines or piles 17. Soil-based evidence of high water table? C. Biology (Subtotal = ·+~ ) 18. Fibrous roots in streambed 19. Rooted upland plants in streambed 20. Macrobenthos (note diversity and abundance) 21. Aquatic Mollusks 22. Fish 23. Crayfish · 24. Amphibians 25.Algae 26. Wetland plants in streambed . • Latitude: YJ: t t215' County: Stream Determination (cl1p;1A-•11et--1-..Other A Ephemeral lntermltten Perennlal .g. Quad Name: Absent Weak Moderate Strong 0 1 2 ( .3 ) 0 c.1 ...) ( 2 3 0 1 -~ 3 0 1 C 2 .) 3 0 1 2 cv 0 1 rc 2 ..J 3 0 r 1 ) , 2 3 t"O ) 1 2 3 UL.) 0.5 1 _i..5_ 0 . 0.5 1 I,,._~ No=0 Y¥=3 ,) - 0 1 2 C~3"\ 0 ,/,:1 __,,.} 2 3 /f.5 J 1 0.5 0 '-'tF /P.5 _;:; 1 I 1.5 o . r JJ,:i __.) 1 1.5 No=0 Yesr 3 ~- ,/' 3 .,) 2 1 0 /3 / - 2 1 0 F:(J~ 1 2 3 T O~ 1 2 3 0 r u.:i _) 1 1.5 0 t' U.::),.,d 1 1.5 0 C 0.5 ) 1 1.5 ,....-u 0.5 1 1.5 -FACW=0.75; OBL= 1.5 Other= 0 *perennial streamAi may ~o be identified using other methods . See p. 35 of manual. Notes: r ---r~?)-/rt, rfirt:J ~ ,/-/,.~,,,,, /,.._ :;~ . Sketch: Bank Height:~ r f I Bank Width: C. ,-'fl tA~s -No Water Depth: 0 -"f Ir Channel Substrate~. Silt, Sand , Graveo;obble, rJ/l..t~ -ye,,f Bedrock z::: Velocity,$/~ e,.J Clarity : c,. /e11r SA NC SAM FIELD ASSESSMENT RESULTS Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same prope rty, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the “Notes/Sketch” section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Apex Greenway 2. Date of evaluation:08/01/2017 3. Applicant/owner name:Town of Apex 4. Assessor name/organization:Nathan Howell & Chris Sheats 5. County:Wake 6. Nearest named water body on USGS 7.5-minute quad: Middle Creek 7. River basin:Neuse 8. Site coordinates (decimal degrees, at lower end of assessment reach):35.682753, -78.824363 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream SA 10. Length of assessment reach evaluated (feet):200 11. Channel depth from bed (in riffle, if present) to top of bank (feet):3 Unable to assess channel depth. 12. Channel width at top of bank (feet):6 13. Is assessment reach a swamp steam?Yes No 14. Feature type: Perennial flow Intermittent flow Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: Mountains (M) Piedmont (P) Inner Coastal Plain (I) Outer Coastal Plain (O) 16. Estimated geomorphic 19 valley shape (skip for Tidal Marsh Stream): A B (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip Size 1 (< 0.1 mi2) Size 2 (0.1 to < 0.5 mi2) Size 3 (0.5 to < 5 mi2) Size 4 (≥ 5 mi2) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated?Yes No If Yes, check all that apply to the assessment area. Section 10 water Classified Trout Waters Water Supply Watershed (I II III IV V) Essential Fish Habitat Primary Nursery Area High Quality Waters/Outstanding Resource Waters Publicly owned property NCDWR Riparian buffer rule in effect Nutrient Sensitive Waters Anadromous fish 303(d) List CAMA Area of Environmental Concern (AEC) Documented presence of a federal and/or state listed protected species within the assessment area. List species: Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in “Notes/Sketch” section or attached?Yes No 1.Channel Water – assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) A Water throughout assessment reach. B No flow, water in pools only. C No water in assessment reach. 2.Evidence of Flow Restriction – assessment reach metric A At least 10% of assessment reach in-stream habitat or riffle-pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates , debris jams, beaver dams). B Not A 3.Feature Pattern – assessment reach metric A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). B Not A 4.Feature Longitudinal Profile – assessment reach metric A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). B Not A 5.Signs of Active Instability – assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down-cutting (head-cut), active widening, and artificial hardening (such as concrete, gabion, rip-rap). A < 10% of channel unstable B 10 to 25% of channel unstable C > 25% of channel unstable 6. Streamside Area Interaction – streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB A A Little or no evidence of conditions that adversely affect reference interaction B B Moderate evidence of conditions (examples: berms, levees, down-cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access , disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) C C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors – assessment reach/intertidal zone metric Check all that apply. A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) B Excessive sedimentation (burying of stream features or intertidal zone) C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem D Odor (not including natural sulfide odors) E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in “Notes/Sketch” section. F Livestock with access to stream or intertidal zone G Excessive algae in stream or intertidal zone H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) I Other: (explain in “Notes/Sketch” section) J Little to no stressors 8. Recent Weather – watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours B Drought conditions and rainfall exceeding 1 inch within the last 48 hours C No drought conditions 9. Large or Dangerous Stream – assessment reach metric Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In-stream Habitat Types – assessment reach metric 10a. Yes No Degraded in-stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in-stream hardening [for example, rip-rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) A Multiple aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) B Multiple sticks and/or leaf packs and/or emergent vegetation C Multiple snags and logs (including lap trees) D 5% undercut banks and/or root mats and/or roots in banks extend to the normal wetted perimeter E Little or no habitat F 5% oysters or other natural hard bottoms G Submerged aquatic vegetation H Low-tide refugia (pools) I Sand bottom J 5% vertical bank along the marsh K Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate – assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. Yes No Is assessment reach in a natural sand-bed stream? (skip for Coastal Plain streams) 11b. Bedform evaluated. Check the appropriate box(es). A Riffle-run section (evaluate 11c) B Pool-glide section (evaluate 11d) C Natural bedform absent (skip to Metric 12, Aquatic Life) 11c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach – whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P Bedrock/saprolite Boulder (256 – 4096 mm) Cobble (64 – 256 mm) Gravel (2 – 64 mm) Sand (.062 – 2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip-rap, concrete, etc.) 11d. Yes No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) Check for Tidal Marsh Streams Only 12. Aquatic Life – assessment reach metric (skip for Tidal Marsh Streams) 12a. Yes No Was an in-stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. No Water Other: 12b. Yes No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to “individuals” for Size 1 and 2 streams and “taxa” for Size 3 and 4 streams. Adult frogs Aquatic reptiles Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) Beetles Caddisfly larvae (T) Asian clam (Corbicula) Crustacean (isopod/amphipod/crayfish/shrimp) Damselfly and dragonfly larvae Dipterans Mayfly larvae (E) Megaloptera (alderfly, fishfly, dobsonfly larvae) Midges/mosquito larvae Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) Mussels/Clams (not Corbicula) Other fish Salamanders/tadpoles Snails Stonefly larvae (P) Tipulid larvae Worms/leeches 13. Streamside Area Ground Surface Condition – streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB A A Little or no alteration to water storage capacity over a majority of the streamside area B B Moderate alteration to water storage capacity over a majority of the streamside area C C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage – streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB A A Majority of streamside area with depressions able to pond water ≥ 6 inches deep B B Majority of streamside area with depressions able to pond water 3 to 6 inches deep C C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence – streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB Y Y Are wetlands present in the streamside area? N N 16. Baseflow Contributors – assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. A Streams and/or springs (jurisdictional discharges) B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) C Obstruction passing flow during low-flow periods within the assessment area (beaver dam, leaky dam, bottom-release dam, weir) D Evidence of bank seepage or sweating (iron in water indicates seepage) E Stream bed or bank soil reduced (dig through deposited sediment if present) F None of the above 17. Baseflow Detractors – assessment area metric (skip for Tidal Marsh Streams) Check all that apply. A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) B Obstruction not passing flow during low-flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) C Urban stream (≥ 24% impervious surface for watershed) D Evidence that the streamside area has been modified resulting i n accelerated drainage into the assessment reach E Assessment reach relocated to valley edge F None of the above 18. Shading – assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider “leaf-on” condition. A Stream shading is appropriate for stream category (may include gaps associated with natural processes) B Degraded (example: scattered trees) C Stream shading is gone or largely absent 19.Buffer Width – streamside area metric (skip for Tidal Marsh Streams) Consider “vegetated buffer” and “wooded buffer” separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB A A A A ≥ 100 feet wide or extends to the edge of the watershed B B B B From 50 to < 100 feet wide C C C C From 30 to < 50 feet wide D D D D From 10 to < 30 feet wide E E E E < 10 feet wide or no trees 20.Buffer Structure – streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 (“Vegetated” Buffer Width). LB RB A A Mature forest B B Non-mature woody vegetation or modified vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 feet wide D D Maintained shrubs E E Little or no vegetation 21.Buffer Stressors – streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB A A A A A A Row crops B B B B B B Maintained turf C C C C C C Pasture (no livestock)/commercial horticulture D D D D D D Pasture (active livestock use) 22.Stem Density – streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 (“Wooded” Buffer Width). LB RB A A Medium to high stem density B B Low stem density C C No wooded riparian buffer or predominantly herbaceous species or bare ground 23.Continuity of Vegetated Buffer – streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB A A The total length of buffer breaks is < 25 percent. B B The total length of buffer breaks is between 25 and 50 percent. C C The total length of buffer breaks is > 50 percent. 24.Vegetative Composition – streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contribute s to assessment reach habitat. LB RB A A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. B B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. C C Vegetation is severely disturbed in terms of species diversity or proport ions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non-characteristic species or communities inappropriately composed of a single species or no vegetation. 25.Conductivity – assessment reach metric (skip for all Coastal Plain streams) 25a. Yes No Was conductivity measurement recorded? If No, select one of the following reasons. No Water Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). A < 46 B 46 to < 67 C 67 to < 79 D 79 to < 230 E ≥ 230 Notes/Sketch: Stream SA has a wooded riparian buffer. Stream SA is an unnamed tributary that flows into Middle Creek, which is classified as a Nutrient Sensitve Water (NSW). Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Apex Greenway Date of Assessment 08/01/2017 Stream Category Pa2 Assessor Name/Organization Nathan Howell & Chris Sheats Notes of Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) YES Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial Function Class Rating Summary USACE/ All Streams NCDWR Intermittent (1) Hydrology MEDIUM (2) Baseflow HIGH (2) Flood Flow MEDIUM (3) Streamside Area Attenuation HIGH (4) Floodplain Access HIGH (4) Wooded Riparian Buffer HIGH (4) Microtopography LOW (3) Stream Stability LOW (4) Channel Stability MEDIUM (4) Sediment Transport LOW (4) Stream Geomorphology MEDIUM (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality MEDIUM (2) Baseflow HIGH (2) Streamside Area Vegetation MEDIUM (3) Upland Pollutant Filtration MEDIUM (3) Thermoregulation MEDIUM (2) Indicators of Stressors NO (2) Aquatic Life Tolerance MEDIUM (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In-stream Habitat LOW (3) Baseflow HIGH (3) Substrate LOW (3) Stream Stability MEDIUM (3) In-stream Habitat LOW (2) Stream-side Habitat HIGH (3) Stream-side Habitat HIGH (3) Thermoregulation MEDIUM (2) Tidal Marsh In-stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In-stream Habitat NA (2) Intertidal Zone NA Overall MEDIUM WE WE WE Project/Site:Sampling Date: Applicant/Owner:State:Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA):Lat:Long: Soil Map Unit Name: X Are Vegetation , Soil , or Hydrology Yes X Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. X No X No X X No X X X X X X X X X Yes X Yes X Yes X X U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) NoYes 0 No No Water Table Present? Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Wetland Hydrology Indicators: True Aquatic Plants (B14) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) HYDROLOGY Geomorphic Position (D2) Shallow Aquitard (D3) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) City/County:Proposed Middle Creek Greenway Wake WD-2 Wet 04/072020 Town of Apex NC No Section, Township, Range: ApexNathan Howell & Lillian Lovingood 0ConcaveFloodplain Datum: NAD 83-78.82468435.682704LRR P, MLRA 136 PFO1ANWI classification:Chewacla and wehadkee soils, 0-2% slopes, frequently flooded Slope (%):Local relief (concave, convex, none): Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: NCWAM: Bottomland Hardwood Forest. Wetland WF share similar characteristics to this wetland; therefore, this form also applies to that wetland Is the Sampled AreaYes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland?Yes Sediment Deposits (B2) Drift Deposits (B3) Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: 4 0 Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) Surface Water Present? Field Observations: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Wetland WF Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 50% of total cover:20% of total cover:x 1 = Sapling/Shrub Stratum (Plot size:x 2 = 1.x 3 = 2.x 4 = 3.x 5 = 4.Column Totals:(B) 5. 6. 7. 8.X 9. 4 - Morphological Adaptations1 (Provide supporting 50% of total cover:20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover:20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:Yes X10 =Total Cover20 Bignonia capreolata 10 Yes Yes FAC Remarks: (Include photo numbers here or on a separate sheet.) )5' radius =Total Cover FACW OBL Yes 4 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 35 14 10 Yes Yes FACW FAC Multiply by: Prevalence Index = B/A = Prevalence Index worksheet: FACW Total % Cover of: (A) (B) (A) 8 410 20 15' radius Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? FAC =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 30' radius ) Toxicodendron radicans 40 Yes Yes 10 20 Saururus cernuus 20Carex sp. Juncus effusus 10 20 Carpinus caroliniana Tree Stratum ) =Total Cover Quercus phellos Quercus michauxii Fraxinus pennsylvanica 30' radius ) 70 Indicator Status 30 30 No Dominant Species? Yes FAC OBL species FACW species FAC species 10 Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 87.5% Percent of Dominant Species That Are OBL, FACW, or FAC: 3 - Prevalence Index is ≤3.01 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No WD-2 Wet 7 8 FACU species UPL species Hydrophytic Vegetation Indicators: Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Wetland WF X X Depth (inches):X Sampling Point: Yes Restrictive Layer (if observed): Remarks: Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Loc2 80 Loamy/Clayey Loamy/Clayey 90 C Color (moist) Matrix C10YR 4/1 10YR 4/3 10YR 4/6 7.5YR 4/63-12 0-3 WD-2 Wet SOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches) Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. % Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) % M20 Distinct redox concentrations Texture Prominent redox concentrations 10 M Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Wetland WF WE This upland form also covers Wetland WF /WF WE /WF WE /WF Appendix C ORM Data Entry Form JD Request Form PJD Form Agent Authorization Form Waters Upload Spreadsheet Preliminary ORM Data Entry Fields for New Actions SAW – 20Ϯ Ͳ BEGIN DATE [Received Date]: Prepare file folder 1.Project Name [PCN Form A2a]: 2.Work Type: Private Commercial 4.Property Owner / Applicant [PCN Form A3 or A4]: 5.Agent / Consultant [PCN Form A5 – or ORM Consultant ID Number]: 6.Related Action ID Number(s) [PCN Form B5b]: 8.Project Location - Tax Parcel ID [PCN Form B1a]: 9.Project Location – County [PCN Form A2b]: 10.Project Location – Nearest Municipality or Town [PCN Form A2c]: 11.Project Information – Nearest Waterbody [PCN Form B2a]: 12. tĂƚĞƌƐŚĞĚͬϴͲŝŐŝƚ,LJĚƌŽůŽŐŝĐhŶŝƚŽĚĞ[PCN Form B2c]: Authorization: Section 10 Section 404 Regulatory Action Type: Standard Permit Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Revised 20150602 3.Project Description / Purpose [PCN Form B3d and B3e]: 7.Project Location - Coordinates͕^ƚƌĞĞƚĚĚƌĞƐƐ͕ĂŶĚͬŽƌ>ŽĐĂƚŝŽŶĞƐĐƌŝƉƚŝŽŶ[PCN Form B1b]: /ŶƐƚŝƚƵƚŝŽŶĂů Government Section 10 & 404 Pre-Application Request Unauthorized ĐƚŝǀŝƚLJ Compliance EŽWĞƌŵŝƚZĞƋƵŝƌĞĚ 1 Town of Apex Project – Middle Creek Greenway, Phase I Phase I of the Town of Apex’s Middle Creek Greenway - Miramonte to Holly Springs Connector Project is comprised of the greenway connection that runs between the northern right-of-way boundary of future NC Highway 540 (also southern property boundary of the Reunion Pointe subdivision) to the southern right-of-way of Sunset Lake Road/ the Town of Holly Springs border at Sunset Lake Road Town of Apex, ATTN: Angela Reincke James Mason - Three Oaks Engineering, Inc. Lat: 35.681393 Long: -78.825405 Multiple PINs Wake Apex Middle Creek 03020201 42X X Jurisdictional Determination Request Version: May 2017 Page 1 This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELDOFFICES US ArmyCorps of Engineers 151 Patton Avenue,Room 208 Asheville, North Carolina28801-5006 GeneralNumber: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGHREGULATORYFIELDOFFICE US ArmyCorps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina27587 GeneralNumber: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 2407 West Fifth Street Washington, North Carolina27889 GeneralNumber: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 GeneralNumber:910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Jurisdictional Determination Request Version: May 2017 Page 2 A. PARCEL INFORMATION Street Address: _______________________________________________ City, State: _______________________________________________ County: Parcel Index Number(s) (PIN): B. REQUESTORINFORMATION Name: Mailing Address: Telephone Number: Electronic Mail Address: _________________________________________ _________________________________________ ________________________________________ Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant 1 Interested Buyer or Under Contract to Purchase Other, please explain. ________________________________________ __________________________________________________________ C. PROPERTY OWNER INFORMATION 2 Name: Mailing Address: Telephone Number: Electronic Mail Address: _______________________________________________________________________________________________________________________ 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). off the north side of Sunset Lake Road, between Stonecreek Dr and Black Forest Dr/River Falls Dr Apex, NC Wake Multiple PINs James Mason,PWS 324 Blackwell Street, Suite 1200 Durham, NC 27701 (704) 604-8358 james.mason@threeoaksengineering.com Town of Apex ATTN: Angela Reincke, Parks and Greenways Planner PO Box 250, Apex, NC 27502 (919) 372-7469 angela.reincke@apexnc.org ✔ Jurisdictional Determination Request Version: May 2017 Page 3 D. PROPERTY ACCESS CERTIFICATION 3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: Owner Authorized Agent5 Date Signature E. REASON FOR JD REQUEST:(Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources underCorpsauthority. I intendto construct/develop a project or perform activities on this parcelwhich may require authorization from the Corps, andthe JDwould beusedto avoid and minimize impacts tojurisdictional aquatic resources and as aninitialstep in a future permitting process. I intendto construct/develop a project or perform activities on this parcelwhich may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. I intendto construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. Other:___________________________________________________________________ _______________________________________________________________________ 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). James Mason, PWS 3/10/2021 ✔ ✔ James Mason Digitally signed by James Mason Date: 2021.03.05 11:36:30 -05'00' Jurisdictional Determination Request Version: May 2017 Page 4 F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be “waters of the United States” or “navigable waters of the United States”on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional “waters of the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is “preliminary” in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional “waters of the United States” or “navigable waters of the United States” are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other “affected party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area acres. The property boundary (or review area boundary) is clearly physically marked on the site. 2.73 ✔ ✔ ✔ Jurisdictional Determination Request Version: May 2017 Page 5 H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: ______________________ Longitude: ______________________ A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ƒNorth Arrow ƒGraphical Scale ƒBoundary of Review Area ƒDate ƒLocation of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ƒJurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ƒJurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ƒIsolated waters, waters that lack a significant nexus to navigable waters, or non- jurisdictional upland features should be identified as Non-Jurisdictional. Please include a justification in the label regarding why the feature is non-jurisdictional (i.e. “Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ƒWetland and non-wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non-wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) ____________________________________________________________________________ 6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the supplied map meets the necessary mapping standards.http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Jurisdiction/ 35.681393 -78.825405✔ ✔ ✔ Jurisdictional Determination Request Version: May 2017 Page 6 Completed appropriate Jurisdictional Determination form •PJDs,please complete a Preliminary Jurisdictional Determination Form7 and include the Aquatic Resource Table •AJDs, please complete an Approved Jurisdictional Determination Form 8 Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms _____________________________________________________________________________ 7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose:The information thatyouprovide will beusedinevaluating your requestto determine whether thereareany aquatic resources within the project areasubjecttofederaljurisdictionunder the regulatory authorities referencedabove. RoutineUses:Thisinformation maybeshared with the Departmentof Justice andotherfederal, state,and local government agencies, and the public,andmaybe made available aspartof a public notice as required byfederal law. Your nameandproperty location wherefederal jurisdiction is to bedetermined will beincluded in the approved jurisdictional determination (AJD),which will bemade available tothe public on the District's website andontheHeadquartersUSAGEwebsite. Disclosure:Submission ofrequested information is voluntary; however, ifinformation is notprovided, the requestforanAJD cannot beevaluatednorcananAJD be issued. ✔ ✔ ✔ ✔ ✔ ✔ ✔ Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A.REPORT COMPLETION DATE FOR PJD: B.NAME AND ADDRESS OF PERSON REQUESTING PJD: C.DISTRICT OFFICE, FILE NAME, AND NUMBER: D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: County/parish/borough: City: Center coordinates of site (lat/long in degree decimal format): Lat.:Long.: Universal Transverse Mercator: Name of nearest waterbody: E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE”SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (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) See Attached List James Mason, 324 Blackwell St, Suite 1200, Durham, NC 27701 NC Wake Apex 35.681393 -78.825405 17 Middle Creek Aquatic resources in the review area which “may be” subject to regulatory jurisdiction Site Number Latitude Longitude Estimated amount of aquatic resource in review area (lin. ft. or ac.) Type of aquatic resource Geographic authority to which the aquatic resource “may be” subject SA 35.682753 -78.824363 50 lin. ft. Non-wetland WOUS (Per. Str.) Section 404 WE 35.681104 -78.825287 0.02 ac. Wetland WOUS Section 404 WF 35.680313 -78.825107 <0.01 ac. Wetland WOUS Section 404 Note: Wetlands WA – WD and a portion of WE were already within areas delineated as part of NCDOT project R-2828. Therefore, the NCDOT delineation was used and those wetlands were removed from this project’s delineation. 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring “pre- construction notification” (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant’s acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit)or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there “may be” waters of the U.S. and/or that there “may be”navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. Data sheets prepared/submitted by or on behalf of the PJD requestor. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Rationale: _______BBBBBBBBBBBB. Data sheets prepared by the Corps:________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. Corps navigable waters’ study: ____________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. U.S. Geological Survey Hydrologic Atlas: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. USGS NHD data. USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: _________BBBBBBBBBBBBBBBBBBBBBB. Natural Resources Conservation Service Soil Survey. Citation: __________BBBBBBBBBBBBBBBBB. National wetlands inventory map(s). Cite name: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. State/local wetland inventory map(s): ____________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. FEMA/FIRM maps: ________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. 100-year Floodplain Elevation is: ____BBBBBBBBBBBB.(National Geodetic Vertical Datum of 1929) Photographs: Aerial (Name & Date): ______BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. or Other (Name & Date): ______BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. Previous determination(s). File no. and date of response letter:__________BBBBBBBBBBBBBBBB. Other information (please specify): ______________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable) 1 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Vicinity Map, Topo Map, Jurisdictional Resources Map, LiDAR Map 2019 Apex, NC, 1:24,000 Wake County, 1970 James Mason Digitally signed by James Mason Date: 2021.03.05 11:37:45 -05'00' PROPERTY LEGAL DESCRIPTION: AGENT AUTHORIZATION FORM 0750129771, 0750139122 0750230303, 0750221956, 0750146262 LOT NO. PLAN NO. PARCEL ID: s REET AppREsS: off the north side of Sunset Lake Road, between Stonecreek Dr and Black Forest Dr/River Falls ❑r at the pump station Please print: Town of Apex, North Carolina Property Owner: Property Owner: Contact: Angela Reincke, Parks and Greenways Planner The undersigned, registered property owners of the above noted property, do hereby authorize James Mason, PWS of Three Oaks Engineering, Inc. (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 73 Hunter St, PO Box 250, Apex, NC 27502 Telephone: (919) 372-7468 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. �7 James Three oaks Engineering, Inc /.�I��`�� AssiF ln:rk r�..�r� Mason W.��;„�,...� Authorized Signature Authorized Signature Date: 2/21/2021 Date: 2-23-7 Waters_NameStateCowardin_Code HGM_Code Meas_TypeAmountUnits Waters_Type NWPR_Determine_CodeLatitudeLongitudeLocal_WaterwaySANorth CarolinaR2UBRIVERINE Linear50 FOOT PJD40435.682753-78.824363 Middle CreekWENorth CarolinaPFORIVERINE Area0.02 ACRE PJD40435.681104-78.825287 Middle CreekWFNorth CarolinaPFORIVERINE Area0.01 ACRE PJD40435.680313-78.825107 Middle Creek STATE SUMMIT PROJECT REPERENCE NO. SHBET NQ TOTAL HBBT5 1 .C. N.C.L Fa".NC„t) yr / m ofAp x TOWN OF APEX BUFFER DRAWING SHEET 1 OF 5 Birch END MIDDLE C CRIK K GWY Y \ aG co RROJECT rnv W S �c� °`r - S CLJ °�°"'a S LOCATION: SUNSET LAKE DRIVE AND MIDDLE CREEK ser<a6PRa OF L �,� or. \1 j TYPE OF WORK: GRADING, DRAINAGE, AND PAVING RIVER BASIN: NEUSE RIVER LE Rd...) PROJECT OCATION VICINITY MAP pay ("..'• Pt NAD 83/2011 SUMMIT PROJECT I w� CC] (Thole <S:) .4 C-3 0 0 ED ;, __ !III --- ')' 0° ill--,.------- Alialull...... \ 41 iiiiiiial (E \ , jr 1111V . -.Mk „•,,,,', \ DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED Eillill V GRAPHIC SCALES 50 25 0 50 100 DESIGN DATA PROJECT LENGTH Prepared 14 SUM DESIGN AND FIRM NO. P-0339 ENGINEERING in the SERVICES Office IT of: 320 Executive Ct. Hillsborough, NC 27278-8551 Voice:19)7 6 -3883 776 Fax: (919)732-2-6776 www.summitde.net HYDRAULICS ENGINEER 1 20I8 STANDARD SPECIFICATIONS PLANS V = WA MPH P.E. Ellail SIGNATURE: 50 25 0 50 100 FUNC CLASS = RIGHT OF WAY DATE: LOCAL URBAN TOTAL LENGTH PROJECT 0.340 MILES PROJECT ENGINEER ROAENAY DEIGN PROFILE (HORIZONTAL) = ER O 10 5 0 10 20 LETTING DATE: Angela Reincke DESIGNER "" C.) SUB REGIONAL TIER TOWN OF APEX CONTACT F PROFILE (VERTICAL) SIGNATURE: J 5 ϱ SiteStationStructureNo.(From/To)Size / Type3 22+10 to 22+85 -L1- LT & RT#5&3X1377 465 184227+42 to 28+47 -L1- LT & RTGREENWAYX 44 1701 17451421 2166 3587 0 0 0 0 0NOTES:Revised 2018 Feb SHEET 4 OF 5BUFFER REPLACEMENTIMPACTSRIPARIAN BUFFER IMPACTS SUMMARYTOWN OF APEX3/4/2021TOTALS*:ROAD CROSSINGCULVERTPARALLEL IMPACTZONE 1(ft2)ZONE 2(ft2)TYPESUNSET LAKE ROADMIDDLE CREEK GREENWAYALLOWABLEMITIGABLEWAKE COUNTYZONE 2(ft2)ZONE 1(ft2)TOTAL(ft2)ZONE 2(ft2)ZONE 1(ft2)TOTAL(ft2) ZONE 1 (ft2)ZONE 2 (ft2)322+10 to 22+85 -L1- LT & RT0327+42 to 28+47 -L1- LT & RT11 87811 881NOTES:Revised 2018 Feb SHEET 5 OF 5MIDDLE CREEK GREENWAYWETLANDS IN BUFFER IMPACTS SUMMARYTOWN OF APEX1/29/2021WETLANDS IN BUFFERSSITE NO. STATION (FROM/TO)TOTAL:SUNSET LAKE ROADWAKE COUNTYRev. Jan 2009 Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726    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. 3/25/2021 Town of Apex - Middle Creek Greenway Phase I ✔ ✔ ✔ Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the “no effect” or “not likely to adversely affect” determinations for proposed and listed species and proposed and designated critical habitat; the “may affect” determination for Northern long-eared bat; and/or the “no Eagle Act permit required” determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package Three Oaks Engineering, Inc. 324 Blackwell Street, Suite 1200 Durham, NC 27701 (919) 732-1300 March 25, 2021 Town of Apex Angela Reincke, Parks and Greenways Planner Town of Apex Parks, Recreation, and Cultural Resources P.O. Box 250 Apex, NC 27502 SUBJECT: Town of Apex, Phase 1 – Middle Creek Greenway – Miramonte to Holly Springs Connector– Protected Species Survey Report Dear Ms. Reincke: Phase 1 of the Town of Apex’s Middle Creek Greenway – Miramonte to Holly Springs Connector project is comprised of the greenway connection that runs between the northern right-of-way boundary of future N.C. Highway 540 (also southern property boundary of the Reunion Pointe subdivision) to the southern right-of-way of SR 1301 (Sunset Lake Road)/ the Town of Holly Springs border at Sunset Lake Road in Apex, Wake County, North Carolina. A portion of the project is being built as part of the N.C. Department of Transportation’s (NCDOT) Complete I-540 Project (STIP Nos. R-2721A, R-2721B, and R-2828). Three Oaks Engineering, Inc. (Three Oaks) has been contracted, as a sub-consultant to Alta Planning + Design, Inc. (Alta), to perform protected species surveys within the project study area. These surveys were completed to satisfy Section 404/401 permitting requirements. Please see the following memorandum for details regarding our survey efforts: METHODOLOGY Field work was conducted for terrestrial species on April 7 and June 2, 2020. Aquatic species were assessed February 25, 2021. The principal personnel contributing to the field work and document were: Principal Investigator: James Mason Education: M.S. Biology/Ecology, UNC – Charlotte, 2004 B.A. Biology, Colby College, 2000 Experience: Senior Environmental Scientist, Three Oaks Engineering, April 2018-Present Environmental Program Consultant, NCDOT, 2006-2018 Responsibilities: Terrestrial species surveys, GIS mapping, document preparation and review Principal Investigator: Tim Savidge, USFWS Permit No. TE075920-0; N.C. Permit No. NC-2020 ES 34 Education: B.S. Biology, Guilford College, 1987 M.S. Marine Biology/Biological Oceanography, University of North Carolina – Wilmington, 1998 Experience: Environmental Manager & Aquatic Biologist, Three Oaks Engineering, June 2015-present Environmental Specialist, NCDOT, 1992-2002 Responsibilities: Aquatic species surveys Investigator: Nathan Howell Education: B.S. Fisheries, Wildlife, and Conservation Biology, North Carolina State University, 2013 M.S. Plant and Microbial Biology, North Carolina State University, 2015 Experience: Environmental Scientist, Three Oaks Engineering, October 2015 – Present Responsibilities: Terrestrial and aquatic species surveys ENDANGERED SPECIES ACT PROTECTED SPECIES SURVEY RESULTS As of July 17, 2020, the United States Fish and Wildlife Service (USFWS) lists six federally protected species, under the Endangered Species Act (ESA), for Wake County. Three additional species – one listed as Proposed Endangered and two listed as Proposed Threatened – have been included due to the potential that they will be listed during the life of this project. The bald eagle is listed by the USFWS under the Bald and Golden Eagle Protection Act (BGPA). The National Oceanic and Atmospheric Administration – National Marine Fisheries Service (NMFS) lists one federally protected species, Atlantic sturgeon, for Wake County. For each species, a discussion of the presence or absence of habitat is included below along with the Biological Conclusion rendered based on survey results. Table 1. ESA federally protected species listed for Wake County Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Haliaeetus leucocephalus Bald eagle BGPA No Not Required Acipenser oxyrinchus oxyrinchus Atlantic sturgeon E No No Effect Notropis mekistocholas Cape Fear shiner E No No Effect Noturus furiosus Carolina madtom PE No No Effect Necturus lewisi Neuse River waterdog PT Yes MANLTAA Picoides borealis Red-cockaded woodpecker E No No Effect Fusconaia masoni Atlantic pigtoe PT Yes MANLTAA Alasmidonta heterodon Dwarf wedgemussel E Yes MANLTAA Parvaspina steinstansana Tar River spinymussel E No No Effect Elliptio lanceolata Yellow lance T Yes MANLTAA Rhus michauxii Michaux’s sumac E Yes No Effect Note: BGPA – Bald and Golden Eagle Protection Act; E – Endangered; PE – Proposed Endangered; PT – Proposed Threatened; T – Threatened; MANLTAA – May Affect, Not Likely to Adversely Affect Bald eagle USFWS Optimal Survey Window: year-round Biological Conclusion: Not Required The bald eagle is protected under the Bald and Golden Eagle Protection Act and enforced by the USFWS. Habitat for the bald eagle primarily consists of mature forests in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius of the project limits, was performed on April 7, 2020, using the most recently available orthoimagery. Water bodies large enough or sufficiently open to be considered potential feeding sources were not identified. Since there was no foraging habitat within the review area, a survey of the project study area and the area within 660 feet of the project limits was not required. Additionally, no nests, nesting habitat, or individuals were identified within the study area. A review of the January 2021 N.C. Natural Heritage Program (NCNHP) dataset revealed no known occurrences of this species within the study area or within 1.0 mile of the study area. Due to the lack of nests, nesting habitat, known occurrences, and minimal impact anticipated for this project, it has been determined that this project will not affect this species. Atlantic sturgeon USFWS/NMFS Recommended Survey Window: surveys not required; assume presence in appropriate waters Biological Conclusion: No Effect Suitable habitat for the Atlantic sturgeon does not exist within the study area. Additionally, a review of the January 2021 NCNHP dataset indicates no known Atlantic sturgeon occurrences within the study area or within 1.0 mile of the study area. Cape Fear shiner USFWS optimal survey window: year-round Biological Conclusion: No Effect Please see the attached Aquatics Species Survey Memorandum for details regarding this species. Carolina madtom USFWS optimal survey window: year-round Biological Conclusion: No Effect Please see the attached Aquatics Species Survey Memorandum for details regarding this species. Neuse River waterdog USFWS optimal survey window: winter months Biological Conclusion: May Affect, Not Likely to Adversely Affect Please see the attached Aquatics Species Survey Memorandum for details regarding this species. Red-cockaded woodpecker USFWS optimal survey window: year-round; November – early-March (optimal) Biological Conclusion: No Effect Suitable nesting (open to semi-open pine stands ≥ 60 years of age) and foraging (open to semi-open pine stands ≥ 30 years of age) habitat for the red-cockaded woodpecker (RCW) does not exist in the study area. The predominant pine species in the study area is loblolly pine (Pinus taeda) and stands are too young and/or too tightly spaced to be considered foraging habitat. The small pine stand is also completely surrounded by either maintained/disturbed habitat or deciduous forest. Due to the absence of suitable foraging habitat, nesting habitat surveys within a 0.5-mile radius of the project study area were not conducted. Additionally, no extant RCW occurrences exist within Wake County. A review of the January 2021 NCNHP dataset identified no known RCW occurrences of this species within the study area or within 1.0 mile of the study area. Atlantic pigtoe USFWS optimal survey window: year-round Biological Conclusion: May Affect, Not Likely to Adversely Affect Please see the attached Aquatics Species Survey Memorandum for details regarding this species. Dwarf wedgemussel USFWS Recommended Survey Window: year-round Biological Conclusion: May Affect, Not Likely to Adversely Affect Please see the attached Aquatics Species Survey Memorandum for details regarding this species. Tar River spinymussel USFWS Optimal Survey Window: year-round Biological Conclusion: No Effect Please see the attached Aquatics Species Survey Memorandum for details regarding this species. Yellow lance USFWS Optimal Survey Window: year-round Biological Conclusion: May Affect, Not Likely to Adversely Affect Please see the attached Aquatics Species Survey Memorandum for details regarding this species. Michaux’s sumac USFWS Optimal Survey Window: May – October Biological Conclusion: No Effect Marginal habitat is present for this species along roadsides and the sewer line easement. A survey was conducted by Three Oaks staff on August 1, 2017 and June 2, 2020. No Michaux’s sumac were identified. A review of the January 2021 NCNHP dataset indicates no known Michaux’s sumac occurrences within the study area or within 1.0 mile of the study area. Please let me know if you have any questions regarding the results of the protected species assessment or if you require any additional information. Sincerely, James Mason, PWS Senior Environmental Scientist james.mason@threeoaksengineering.com Mobile: (704) 604-8358 James Mason Digitally signed by James Mason Date: 2021.03.25 20:27:47 -04'00' Appendix A Figures 1Figure Vicinity Map Wake County, North CarolinaSTRAYWHITEAVE REUNIONCREEK PK W Y FOUNTAINSPRINGSRDARBORCREEK DR OLD SMITHFIELD RD H YANN IS D RREUNIONPARK D REWILLIAMSSTFIREFLYRD BLACKFORES T DRREUNIONPA RKDRWINDCAPDRL O C K L E Y R D S T O N E CREEKDRSUNSET LAKE RD MYSTICPINEPLDINSORETTELNR IV E R FALLS D RCOMMONSDRCOLBY CHASE DR OS TERVILLE DR C R E E K H A V E N D R HAZELMEREDRTH ORNCRESTDR OCTOBER GLORY LN DOVESHAV E N D R VINEST MERI ONST ATI ONDRDANESWAYDRLINDELL DR EDD I E CR E E K D REASTON ST A N C H OR CREEK W A Y RIDGELAKEDR KATHA DR GOO S E B E R R Y D RFORAKER ST C OLONIALOAKSDR NMAINSTCABANADR LIANFAIRLN MORENA DRW IL L O W V IE W L NHOLLYHOC K LN WELL SPRINGDR STR AY WH IT E AV E DUTCH E L M D R ARBOR C R E STRDFAIRFOR D DRRICHARDSON STCRITTENDEN LN ADEFIE LDLNFLORIANSDR R ESTO N W O O D D R R O S EWOOD CENTRE DR MONARCHBIRCHDRSMITHRDMiddleCreek NCCGIA Prepared For:Date: Checked By: Job No.: Drawn By: Scale:WAKECHATHAMWAK E HAR N E T T © OpenStreetMap (and) contributors, CC-BY-SA ¯ April 2020 17-017 CMR JSM 0500250Feet Study Area Stream Streets ^_ Phase 1 - Middle Creek Greenway Miramonte to Holly Springs Connector March 25, 2021 Town of Apex Angela Reincke, Parks and Greenways Planner Town of Apex Parks, Recreation, and Cultural Resources P.O. Box 250 Apex, NC 27502 SUBJECT: Protected Aquatic Species Survey Report for Town of Apex Middle Creek Greenway – Phase 1 – Miramonte to Holly Springs Connector; Wake County, North Carolina Dear Ms. Reincke: Project Description The Town of Apex, North Carolina proposes to construct Phase 1 of the Middle Creek Greenway – Miramonte to Holly Springs Connector (Project) in western Wake County, North Carolina (Appendix A; Figure 1). The project involves a crossing of an unnamed tributary (UT) to Middle Creek, of the Neuse River Basin. The project crossing of the UT is approximately 200 linear feet upstream of the confluence with Middle Creek. Given the close proximity of the project crossing to Middle Creek, potential effects of the project could extend into Middle Creek. As such, the UT and a portion of Middle Creek were surveyed for the presence/absence of protected aquatic species (Appendix A; Figure 2). Three Oaks Engineering, Inc. (Three Oaks) was contracted to perform protected species assessment/surveys for the project. This memo presents the findings of Three Oaks’ field visit, conducted on February 25, 2021. The surveys were conducted by Three Oaks employees Tim Savidge and Nathan Howell. Qualifications for personnel who performed the surveys are as follows: Investigator: Tim Savidge Education: B.S. Biology, Guilford College, 1987 M.S. Marine Biology/Biological Oceanography, University of North Carolina – Wilmington, 1998 Experience: Environmental Manager & Aquatic Biologist, Three Oaks Engineering, June 2015- present Environmental Specialist, NCDOT, 1992-2002 Responsibilities: Aquatic T&E species assessments/surveys, document preparation Investigator: Nathan Howell, PWS Education: B.S. Fisheries, Wildlife, and Conservation Biology, North Carolina State University, 2013 M.S. Plant and Microbial Biology, North Carolina State University, 2015 Experience: Environmental Scientist, Three Oaks Engineering, October 2015 – Present Responsibilities: Aquatic T&E species assessments/surveys Protected Aquatic Species List and Occurrence Data in Relation to Project As of July 17, 2020, the United States Fish and Wildlife (USFWS) lists seven federally protected aquatic species (either listed or proposed for listing), under the Endangered Species Act (ESA), for Wake County (Table 1). For each species, a discussion of the presence or absence of habitat is included below along with the Biological Conclusion rendered based on habitat assessments/survey results in the study area. Table 1. ESA federally protected aquatic species listed for Wake County Scientific Name Common Name Federal Status Potential Habitat Present Biological Conclusion Alasmidonta heterodon Dwarf Wedgemussel E Yes MANLTAA Elliptio lanceolata Yellow Lance T Yes MANLTAA Fusconaia masoni Atlantic Pigtoe PTCH Yes MANLTAA Necturus lewisii Neuse River Waterdog PTCH Yes MANLTAA Notropis mekistocholas Cape Fear shiner E No No Effect Noturus furiosus Carolina Madtom PECH No* No Effect Parvaspina steinstansana Tar River Spinymussel E No** No Effect Notes: T – Threatened, E – Endangered, PTCH – Proposed Threatened with Critical Habitat Designation, PECH – Proposed Endangered with Critical Habitat Designation; MANLTAA –May Affect, Not Likely to Adversely Affect; * considered extirpated from Middle Creek, ** not present in project area portion of the Neuse River Basin Five of the species listed in Table 1 have been reported from Middle Creek, including Dwarf Wedgemussel, Yellow Lance, Atlantic Pigtoe, Neuse River Waterdog, and Carolina Madtom. Cape Fear Shiner and Tar River Spinymussel do not have habitat ranges that overlap the project per the USFWS Information for Planning and Consultation (IPaC) website (https://ecos.fws.gov/ipac/). The distances from the confluence of the UT with Middle Creek to records and/or Proposed Critical Habitat Designation are provided below in order of closest records for respective species: Atlantic Pigtoe-less than six miles to currently occupied habitat and approximately 13 miles upstream of proposed Critical Habitat, Neuse River Waterdog-approximately 13.5 miles to currently occupied habitat and Proposed Critical Habitat, Dwarf Wedgemussel-approximately 20 miles upstream to currently occupied 1closest occurrence, Yellow Lance- approximately 26 miles upstream from currently occupied habitat, Carolina Madtom-greater than 30 miles to historic record. 1 Dwarf Wedgemussel has potentially been extirpated from Middle Creek; however, not enough time has lapsed since most recent occurrence to be considered a historic record. Survey Methodology and Results Freshwater mussel surveys targeting Dwarf Wedgemussel, Atlantic Pigtoe, and Yellow Lance were conducted within Middle Creek beginning at the Sunset Lake Road crossing and proceeding upstream into the UT to Middle Creek and to a point approximately 100 meters upstream of the project crossing (Appendix A, Figure 2). Areas of appropriate habitat were searched, concentrating on the stable habitats preferred by the target species. The survey team spread out across the creek into survey lanes. Visual surveys were conducted using glass bottom view buckets (bathyscopes). Tactile methods were employed, particularly along streambanks under submerged rootmats. All freshwater bivalves were recorded and returned to the substrate. Timed survey efforts provided Catch Per Unit Effort (CPUE) data for each species. Relative abundance for freshwater snails and freshwater clam species were estimated using the following criteria: ¾ (VA) Very abundant > 30 per square meter ¾ (A) Abundant 16-30 per square meter ¾ (C) Common 6-15 per square meter ¾ (U) Uncommon 3-5 per square meter ¾ (R) Rare 1-2 per square meter ¾ (P) Ancillary adjective “Patchy” indicates an uneven distribution of the species within the sampled site. A total of 2.10 person hours of mussel survey time were spent in the Middle Creek and UT to Middle Creek portions of the survey reach, with one species of mussel, the Eastern Elliptio (Elliptio complanata), being found (Table 2). Other mollusk species located included the aquatic snail Pointed Campeloma (Campeloma decisum) and the invasive Asian Clam (Corbicula fluminea). Table 2. Mussel Survey Results Scientific Name Common Name Number CPUE (#/hr) Freshwater Mussels Elliptio complanata Eastern Elliptio 2 0.95/hr. Freshwater Snails and Clams Relative Abundance Campeloma decisum Pointed Campeloma ~ PC Corbicula fluminea Asian Clam ~ C Electro-shocking surveys targeting the Neuse River Waterdog and Carolina Madtom were conducted within Middle Creek beginning at the Sunset Lake Road crossing and proceeding upstream into the UT to Middle Creek to a point approximately 100 meters upstream of the project crossing (Appendix A, Figure 2). Equipment included one Smith Root LR-24 backpack electrofishing unit and dip nets. All habitat types in the survey reach (riffle, run, pool, slack-water, etc.) were sampled. Stunned fish and amphibians were placed into buckets and were identified, counted, assigned a relative abundance, and released live onsite. Relative abundance reported was estimated using the following criteria: ¾ (VA) Very abundant: > 30 collected at survey reach ¾ (A) Abundant: 16-30 collected at survey reach ¾ (C) Common: 6-15 collected at survey reach ¾ (U) Uncommon: 3-5 collected at survey reach ¾ (R) Rare: 1-2 collected at survey reach ¾ (P) Ancillary adjective “Patchy” indicates an uneven distribution of the species within the sampled site. It should be noted that relative abundances of particular species can be affected by survey methodologies and site conditions. Thus, some species, particularly those that are found in deeper pools and runs and those that can seek cover quickly, may be under-represented, or not detected within the survey reach. A total of twelve fish and one salamander species were captured during the efforts in 1,734 seconds of intermittent shocking time (Table 3). The Carolina Madtom and Neuse River Waterdog were not observed. Table 3. Electroshocking Survey Results: Middle Creek and UT Scientific Name Common Name Relative Abundance Ameiurus natalis Yellow Bullhead R Clinostomus funduloides Rosyside Dace R Erimyzon oblongus Creek Chubsucker C Etheostoma nigrum Johnny Darter C Eurycea cirrigera Southern Two-lined Salamander A Gambusia holbrooki Eastern Mosquitofish U Lepomis cyanellus Green Sunfish A Lepomis gibbosus Pumpkinseed U Lepomis macrochirus Bluegill VA Lepomis microlophus Redear Sunfish R Micropterus salmoides Largemouth Bass U Nocomis leptocephalus Bluehead Chub A Semotilus atromaculatus Creek Chub U Species Conclusions of Effects Dwarf Wedgemussel Optimal Survey Window: Year-round (low flow and clear water conditions) Biological Conclusion: May Affect, Not Likely to Adversely Affect This species’ status in Middle Creek is uncertain, as it has not been seen in the creek since the mid 1990’s. It was not found during the survey efforts and is very unlikely to occur in the project area. However, its presence cannot be entirely ruled out based on a one-time survey. As such, adverse effects cannot be discounted entirely. As such, it is concluded that the project Biological Conclusion is “May Affect, Not Likely to Adversely Affect” for the Dwarf Wedgemussel. Atlantic Pigtoe Optimal Survey Window: Year-round (low flow and clear water conditions) Biological Conclusion: May Affect, Not Likely to Adversely Affect This species is present in Middle Creek less than six miles downstream of the project. It was not found during the survey efforts and is unlikely to occur in the project area. However, its presence cannot be entirely ruled out based on a one-time survey. Given this and the fact that the species is present further downstream, adverse effects cannot be discounted entirely. As such, it is concluded that the project Biological Conclusion is “May Affect, Not Likely to Adversely Affect” for the Atlantic Pigtoe. Yellow Lance Optimal Survey Window: Year-round (low flow and clear water conditions) Biological Conclusion: May Affect, Not Likely to Adversely Affect This species is present in Middle Creek, with the closest record being approximately 26 miles downstream. It was not found during the survey efforts and is unlikely to occur in the project area. However, its presence cannot be entirely ruled out based on a one-time survey. Given this and the fact that the species is present further downstream, adverse effects cannot be discounted entirely. As such, it is concluded that the project Biological Conclusion is “May Affect, Not Likely to Adversely Affect” for the Atlantic Pigtoe. Neuse River Waterdog Optimal Survey Window: late fall to early spring Biological Conclusion: May Affect, Not Likely to Adversely Affect Suitable habitat for this species is not present in the UT Middle Creek, as the stream is too small. Furthermore, habitat in the surveyed portion of Middle Creek is only marginally suitable for the species, as it is at the small end of suitability, but more importantly, the substrate is extremely scoured in this section of the creek. The most often used sampling technique for the Neuse River Waterdog is to conduct baited trap sampling during colder water temperatures (late fall to early spring). This involves setting 10 baited traps for four consecutive nights (40 trap nights) within a given site. Given the low level of habitat suitability, electro-shocking surveys were chosen as the sampling method in lieu of time intensive trapping protocol, as Neuse River Waterdogs are often captured incidentally while conducting fish surveys using electro-shocking methods. This species is present in Middle Creek, with the closest record being approximately 13.5 miles downstream. It was not found during the survey efforts and is unlikely to occur in the project area. However, its presence cannot be entirely ruled out based on a one-time survey. Given this and the fact that the species is present further downstream, adverse effects cannot be discounted entirely. As such, it is concluded that the project Biological Conclusion is “May Affect, Not Likely to Adversely Affect” for the Neuse River Waterdog. Cape Fear shiner USFWS Optimal Survey Window: Year-round (large rivers); April – June or periods of high flow (tributaries) Biological Conclusion: No Effect This species is listed by the USFWS as a “range by basin” species. This project does not occur within this species’ range per the USFWS IPaC website, as it is restricted to the Cape Fear River Basin. Therefore, a Biological Conclusion of “No Effect” has been rendered for this species. Carolina Madtom Optimal Survey Window: Year-round (low flow and clear water conditions) Biological Conclusion: No Effect There is only one record of this species in Middle Creek, a lone individual collected in 1961 at the NC 210 crossing in Johnston County more than 30 miles downstream of the project. The species has not been recorded in subsequent targeted surveys, including N.C. Wildlife Resources Commission (NCWRC) monitoring (NCWRC Unpublished Aquatics Database) and a range-wide status survey. Additionally, visual surveys for the Carolina Madtom are often conducted in conjunction with freshwater mussel surveys and the species has never been observed during any of these survey in Middle Creek. The species is considered to be extirpated from Middle Creek; thus, it can be concluded that the project will have “No Effect” on the Carolina Madtom. Tar River Spinymussel Optimal Survey Window: Year-round (low flow and clear water conditions) Biological Conclusion: No Effect This species has never been found in the Middle Creek subbasin. It is believed that the Little River Sub-basin is the only place where this species occurs within the Neuse River Basin. Additionally, this species does not have a range that overlaps the project footprint per the USFWS IPaC website. Thus, it can be concluded that the project will have “No Effect” on the Tar River Spinymussel. Please let me know if you have any questions or require any additional information. Sincerely, James Mason Senior Environmental Scientist james.mason@threeoaksengineering.com Mobile: (704) 604-8358 James Mason Digitally signed by James Mason Date: 2021.03.25 19:59:28 -04'00' Appendix A Figures 1Figure Vicinity Map Wake County, North CarolinaSTRAYWHITEAVE REUNIONCREEK PK W Y FOUNTAINSPRINGSRDARBORCREEK DR OLD SMITHFIELD RD H YANN IS D RREUNIONPARK D REWILLIAMSSTFIREFLYRD BLACKFORES T DRREUNIONPA RKDRWINDCAPDRL O C K L E Y R D S T O N E CREEKDRSUNSET LAKE RD MYSTICPINEPLDINSORETTELNR IV E R FALLS D RCOMMONSDRCOLBY CHASE DR OS TERVILLE DR C R E E K H A V E N D R HAZELMEREDRTH ORNCRESTDR OCTOBER GLORY LN DOVESHAV E N D R VINEST MERI ONST ATI ONDRDANESWAYDRLINDELL DR EDD I E CR E E K D REASTON ST A N C H OR CREEK W A Y RIDGELAKEDR KATHA DR GOO S E B E R R Y D RFORAKER ST C OLONIALOAKSDR NMAINSTCABANADR LIANFAIRLN MORENA DRW IL L O W V IE W L NHOLLYHOC K LN WELL SPRINGDR STR AY WH IT E AV E DUTCH E L M D R ARBOR C R E STRDFAIRFOR D DRRICHARDSON STCRITTENDEN LN ADEFIE LDLNFLORIANSDR R ESTO N W O O D D R R O S EWOOD CENTRE DR MONARCHBIRCHDRSMITHRDMiddleCreek NCCGIA Prepared For:Date: Checked By: Job No.: Drawn By: Scale:WAKECHATHAMWAK E HAR N E T T © OpenStreetMap (and) contributors, CC-BY-SA ¯ April 2020 17-017 CMR JSM 0500250Feet Study Area Stream Streets ^_ Phase 1 - Middle Creek Greenway Miramonte to Holly Springs Connector Lindell DrSunset Lake RdHollyhock LnGreycrest CtRidge Lake Dr NCCGIA, NC911 BoardFigure 2. Middle Creek Greenway - Aquatic Survey Extent¯2400240120FeetLegendApex_Greenway_2020_Revised_CorridorApexGreenway_Streams_April2020Survey_Area100M Upstream400M DownstreamISRN_Roads February 22, 2021 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2021-SLI-0731 Event Code: 04EN2000-2021-E-01577 Project Name: Town of Apex - Middle Creek Greenway Subject:List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The 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 02/22/2021 Event Code: 04EN2000-2021-E-01577   2    evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/ towers/comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 02/22/2021 Event Code: 04EN2000-2021-E-01577   3    ▪ Attachment(s): Official Species List 02/22/2021 Event Code: 04EN2000-2021-E-01577   1    Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 02/22/2021 Event Code: 04EN2000-2021-E-01577   2    Project Summary Consultation Code:04EN2000-2021-SLI-0731 Event Code:04EN2000-2021-E-01577 Project Name:Town of Apex - Middle Creek Greenway Project Type:RECREATION CONSTRUCTION / MAINTENANCE Project Description:Middle Creek Greenway in Apex from Sunset Lake Rd to I-540 Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.682021750000004,-78.82525767660984,14z Counties:Wake County, North Carolina 02/22/2021 Event Code: 04EN2000-2021-E-01577   3    1. Endangered Species Act Species There is a total of 7 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA 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. The location of the critical habitat is not available. 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. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/528 Proposed Endangered 1 02/22/2021 Event Code: 04EN2000-2021-E-01577   4    Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni There is proposed critical habitat for this species. The location of the critical habitat is not available. 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 Yellow Lance Elliptio lanceolata There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/4511 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 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. NCNHDE-14028 February 22, 2021 Three Oaks Three Oaks Engineering 324 Blackwell Street Durham, NC 27701 RE: Middle Creek Greenway Dear Three Oaks: 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, Land and Water 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 rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Middle Creek Greenway February 22, 2021 NCNHDE-14028 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 Triangle Greenways Council Preserve Triangle Greenways Council Private Town of Holly Springs Greenway Town of Holly Springs 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 February 22, 2021; source: NCNHP, Q4 January 2021. 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 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Middle Creek Greenway February 22, 2021 NCNHDE-14028 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 Holly Springs Open Space - Future Park Site Town of Holly Springs Local Government Triangle Greenways Council Preserve Triangle Greenways Council Private Town of Holly Springs Greenway Town of Holly Springs Local Government NC Department of Transportation Mitigation Site NC Department of Transportation State Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on February 22, 2021; source: NCNHP, Q4 January 2021. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 Powered by TCPDF (www.tcpdf.org) Page 4 of 4 1 Jim Mason From:Raleigh, FW4 <raleigh@fws.gov> Sent:Friday, March 26, 2021 1:17 PM To:Jim Mason Subject:Automatic reply: [EXTERNAL] Town of Apex - Middle Creek Greenway - Phase 1, USFWS Online Project Review Certification Letter Thank you for submitting your online project package. We will review your package within 30 days of receipt. If you have submitted an online project review request letter, expect our response within 30 days. If you have submitted an online project review certification letter, you will typically not receive a response from us since the certification letter is our official response. However, if we have additional questions or we do not concur with your determinations, we will contact you during the review period.  North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona NI. Barton, Administrator Governor Roy Cooper Office of Archives and 1 Iistary Secretary Susi II. 1 lamiltan Deputy Secretary Kevin Cherry November 6, 2017 Angela Reincke Town of Apex P.O. Box 250 Apex, NC 27502 angela.reincke@apexnc.org Re: Phase I — Middle Creek Greenway, Apex and Holly Springs, Wake County, ER 17-1957 Dear Ms. Reincke: Thank you for your letter of August 30, 2017, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or renee.gledhill-earley@ncdcr.gov. In all future communication concerning this project, please cite the above -referenced tracking number. Sincerely, 6' amona M. Bartos Location: 109 I0, t Jones Street, Raleigh NC 27601 Mailing Address: 4617 ma Scn-ice Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 8(17-6570/807-6599