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HomeMy WebLinkAbout20210874 Ver 1_ePCN Application_20210611DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form April 4, 2021 Ver 4 Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* CYes r No Change Only 1 needed. BIMS # Assigned* 20210874 Is a payment required for this project?* ✓ No payment required ✓ Fee received 6 Fee needed - send electronic notification Reviewing Office * Central Office - (919) 707-9000 Information for Initial Review la. Name of project: Green Level Business Park la. Who is the Primary Contact?* Matt Michel lb. Primary Contact Email:* matt.michel@timmons.com Date Submitted 6/11/2021 Nearest Body of Water Long Branch Basin Cape Fear Water Classification WS-IV; NSW Site Coordinates Latitude: 35.866555 A. Processing Information Version#* What amout is owed?* 6 $240.00 r $570.00 Select Project Reviewer* Rick Trone:eads\rvtrone lc. Primary Contact Phone:* (574)514-3115 Longitude: -78.894865 County (or Counties) where the project is located: Wake Is this a NCDMS Project ✓ Yes G No Is this project a public transportation project?* ✓ Yes G No Pre -Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes f• No ID# 20210874 Version 1 Pre -fling Meeting or Request Date 4/1/2021 Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form.pdf 2021.05.30_Review Completed_No Meeting.pdf Rle type nest be FCF la. Type(s) of approval sought from the Corps: I7 Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes 6 No 1b. What type(s) of permit(s) do you wish to seek authorization? I7 Nationwide Permit (NWP) n Regional General Permit (RGP) n Standard (IP) lc. Has the NWP or GP number been verified by the Corps? ✓ Yes f No Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 17 401 Water Quality Certification - Regular n Non-404 Jurisdictional General Permit n Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: lf. Is this an after -the -fact permit application?* ✓ Yes f• No 52.61 KB 462.02KB I— 401 Water Quality Certification - Express I— Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes 6No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes rNo Acceptance Letter Attachment 1 h. Is the project located in any of NC's twenty coastal counties? ✓ Yes «No 1j. Is the project located in a designated trout watershed? ✓ Yes f• No B. Applicant Information Id. Who is applying for the permit? r Owner fJ Applicant (other than owner) le. Is there an Agent/Consultant for this project?* 6 Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Lucille Green Ventures LLC Green, Kevin A ✓ Yes t: No ✓ Yes r No 2b. Deed book and page no.: Book 17859, Page 34 2c. Contact Person: 2d. Address Street Address 2321 Evangelines Way Address Line 2 City State / Province / F3,gim Virginia Beach Virginia Postal / Zip Code Country 23451-1077 USA 2e. Telephone Number: 2f. Fax Number: (757)481-1015 2g. Email Address:* green.lucille86@gmail.com 2a. Name(s) on recorded deed: Green, Kevin A Green, Jacqueline Y 2b. Deed book and page no.: Book 2823, Page 243 2c. Contact Person: 2d.Address Street Address 11730 Green Level Church Road Address Line 2 Clty State / Province / Region Cary North Carolina Fbstal / Zip Code Country 27519-7057 USA 2e. Telephone Number: 2f. Fax Number: (919)219-0600 2g. Email Address:* Jac822@aol.com 3. Applicant Information (if different from owner) 3a. Name: Michael Blount 3b. Business Name: Green Level Park, LLC 3c.Address Street Address 3337 Granville Drive Address Line 2 (Sty State / Province / Region Raleigh NC Fbstal / Zip Cade Country 27609 USA 3d. Telephone Number: 3e. Fax Number: (919)747-7910 3f. Email Address:* MICHAELABLOUNT@GMAIL. COM 4. Agent/Consultant (if applicable) 4a. Name: Matt Michel 4b. Business Name: Timmons Group 4c. Address Street Address 428 Eastwood Road Address Line 2 aty Wilmington Postal / Zip Cede 28403 4d. Telephone Number: (574)514-3115 4f. Email Address:* matt.michel@timmons.com Agent Authorization Letter* 47802 - Green Level Park LLC Agent Authorization - SIGNED.pdf 47802 - Agent Authorization - Harold Green - SIGNED.pdf 47802 - Agent Authorization - Kevin and Jacqueline Green - SIGNED.pdf State / Province / legion NC Country USA 4e. Fax Number: 70.45KB 74.96KB 75.9KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality/ town: Cary 2. Project Identification 2a. Property Identification Number: (1) 0737103343 (2) 0737103753 (3) 0737103820 2c. Project Address Street Address 11724 Green Level Church Road Address Line 2 2b. Property size: (1)13.3(2)0.7(3)0.2 Oty State / Province / legion Cary NC Postal / ZLp aide Country 27519 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Long Branch 3b. Water Resources Classification of nearest receiving water:* WS-IV; NSW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020605 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The project site (Site) is approximately 16.8 acres and is situated on 3 parcels and portions of the rights -of -way of two roads (Green Level Church Road and NC State Highway 55). The Site is located at approximately 11724 Green Level Church Road in Cary, North Carolina, within Wake County. The Site is currently comprised of two residential buildings, maintained lawn, and a forested area. The site is bounded by undisturbed forested areas to the north and south, Green Level Church Road and undisturbed forest to the west and NC State Highway 55 and commercial development to the east. The general land -use in the vicinity of the project is mixed forested and commercial development. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes G No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Figure 1 - VIC.pdf 657.73KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Figure 5 - NRCS.pdf 384.14KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.12 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a commercial/industrial development adjacent to Research Triangle Park. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Green Level Business Park will support a new, approximately 168,850 square foot flex industrial development space consisting of 2 buildings, stormwater control measures (SCMs), utility improvements, and a parking lot. Two separate buildings will be constructed, each with an amenity courtyard and truck loading docks. Entry -ways to both Green Level Church Road and NC State Highway 55 are also proposed. All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. SCMs are required and will be used. 4j. Please upload project drawings for the proposed project. Figure 3- WTIM.pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r: Yes Comments: Delineated by Soil & Environmental Consultants, PA 1.03MB C No 6 Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* C Preliminary r Approved ( Not Verified 6 Unknown r N/A Corps AID Number: Unknown; Date of approval is 01/09/2020 by James Lastinger 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Unknown Soil & Environmental Consultants, PA 5d1. Jurisdictional determination upload S&EC_11724 Green Level Church Road - Post USACE Map 2020.pdf 6. Future Project Plans 6a. Is this a phased project?* Yes R No 1.25 MB Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): rJ Wetlands r Streams -tributaries r Open Waters r Pond Construction 2. Wetland Impacts r Buffers V 2a. Site #*(?) 1 2a1 Reason (?) Grading/Retaining Wall 2b. Impact type * (?) P 2c. Type of W.* Unknown 2d. W. name* W1 2e. Forested* Yes 2f. Type of Jurisdicition * (?) Both 2g. Impact area* 0.062 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.062 2g. Total Permanent Wetland Impact 0.062 2i. Comments: W1 is expected to be impacted from the construction of a retaining wall. The retaining wall is necessary to allow for parking spaces for one of the two proposed buildings. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to the jurisdictional wetland on site has been avoided and minimized to the maximum extent practicable by incorporating resources site planning, including the use of the stream/wetland delineation to adjust the Site layout to avoid and minimize impacts. The impacts to the wetland are necessary in order for the projects goals to be realized. A retaining wall is designed for the parking lot near the wetland to help minimize impacts. This retaining wall was sited as far north as possible in order to minimize wetland impacts. Multiple layouts were reviewed during the planning stages of the proposed project, including multiple building, road, and parking lot orientations. The project as proposed uses the layout found to be least impactful to the jurisdictional wetland. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proper sedimentation and erosion control measures will be used during all phases of construction and installation as described in accordance with the requirements of the North Carolina Department of Environmental Quality: Erosion Control Planning and Design Manual (May 2013) and local codes and standards. All work will occur during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, diversion ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. Erosion and sediment control measures will be checked for stability and operation following runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain functionality of erosion control measures. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to prevent oil, tar, trash, debris and other pollutant from entering adjacent jurisdictional features. Any excess excavated materials not used as back fill well be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. Project construction activities within the jurisdictional wetland of the U.S. will be carried to completion in an expeditious manner to minimize the period of disturbance within jurisdictional waters. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ✓ Yes ( No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent impacts to W1 are calculated at 0.062 acres, which is under the threshold of 0.10 acres of wetland impact that typically triggers compensatory mitigation. No other impacts are anticipated from this project. Indirect impacts to W1 are not anticipated because a drainage system was designed to ensure that W1 still received surface runoff. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ✓ Yes a No If no, explain why: The Project Site is located within an area subject to Jordan Lake Buffer Rules, however, there are no streams within or adjacent to the Project Site that were deemed subject to riparian buffer rules, according to a buffer determination letter signed by Eric W. Kulz, Environmental Specialist, Town of Cary Stormwater Department (attached at the end of this document). 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ✓ Yes (.7 No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? 6' Yes r No ✓ N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: (7 Local Government n State Local Government Stormwater Programs 17 Phase II r" NSW r" USMP r Water Supply Please identify which local government stormwater program you are using. Town of Cary Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* ✓ Yes RNo 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* ✓ Yes f No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* C Yes 6 No 3b. If you answered "no," provide a short narrative description. This is a single -phased project. This permit request takes into account all impacts associated with the project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* ✓ Yes f No r N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* 6 Yes rNo 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes f• No 5d. Is another Federal agency involved?* ✓ Yes 5e. Is this a DOT project located within Division's 1-8? ✓ Yes G No 6' No r Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ✓ Yes r No 5g. Does this project involve bridge maintenance or removal? ✓ Yes G No 5h. Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes G No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? ✓ Yes f No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS IPaC Report and NCNHP Natural Heritage Database Report were reviewed to identify the protected species with the potential to occur in the vicinity of the Site. Species identified by IPaC as potentially occurring in the vicinity of the site include the red -cockaded woodpecker, Atlantic pigtoe, Michaux's sumac, and smooth coneflower. According to the NCNHP report, there are no documented occurrences of the aforementioned protected species within 1-mile of the Site. Due to the maintained nature of open areas on -site (regularly mowed lawn) and the absence of forested areas of an appropriate age, it is the opinion of Timmons Group that the proposed project lacks suitable habitat and will have no effect on the red -cockaded woodpecker, Michaux's sumac, and smooth coneflower. Based on the absences of stream habitat on -site, it is the opinion of Timmons Group that the proposed project will have no effect on the Atlantic Pigtoe. Consultation Documentation Upload Green Level BP_IPaC_ Explore Location resources.pdf project_report_g ree n_Ievel_bp_30434_30434. pdf 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes 6 No 413.55KB 1.53MB 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* (Yes rNo 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The State Historic Preservation Office Historic Properties Map was reviewed to determine if the site has the potential to impact historic resources. There is one "Surveyed Only" property located within the Project Site (Site ID: WA7194, Excel and Elsie Green Farm). A determination of eligibility for the National Register of Historic Places has not been conducted for this property. There is one other "Survey Only" property and one "Surveyed Only, Gone" resource located within a 1-mile radius of the Site. The proposed project will be consistent with the current land use of the surrounding area, and will not significantly alter the existing site setting. Based on the distance and existing visual obstructions (forests, residential buildings, commercial buildings), the proposed project should not alter the visual aesthetic of any adjacent historical resources. Further, jurisdictional impacts will not occur within the immediate vicinity of the aforementioned historic resources. Therefore, the proposed project should have no effect on historic resources. 7c. Historic or Prehistoric Information Upload HPO Table.pdf HPOweb Map.pdf 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes ( No 35.09KB 313.46KB 8c. What source(s) did you use to make the floodplain determination?* According to FEMA Flood Insurance Rate Panel #3720073700J (effective date May 2, 2006) and Panel #3720073600J (effective date May 2, 2006), the Site and associated jurisdictional impacts are located within Zone X, areas located outside of the 100-year floodplain. Miscellaneous U Comments Miscellaneous attachments not previously requested. TCRB19-013_11724_Green_Level_Church_Road.pdf 667.97KB Signature * IJ By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Matt J. Michel Signature Date 6/11/2021 ,.SS•• • s TIMMONS GROUP YOUR VISION ACHIEVE© THROUGH OURS. AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner The Department of the Army US Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402-1890 To Whom It May Concern: NCDEQ — Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 I, the undersigned, current property owner designate, authorize representatives of Timmons Group to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the 24th day of May , 2021 (number) (Month) (Year) I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NCDEQ Division of Water Resources (DWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 401 and 404 of the Clean Water Act, and/or Section 10 of the Rivers and Harbors Act of 1899. This notification supersedes any previous correspondence concerning the agent for this project. Project Name: Green Level Business Park Parcel ID: 0737003472, 0737103753, 0737103820 Site Address: 11730, 11724, 0 Green Level Church Rd. Applicant's Name (Print): Michael,! fount Applicant's Signature: Applicant's Mailing Address: 3337 Granville Drive Applicant's Telephone: Applicant's Email Address: Raleigh, NC 27609 (919) 747-7910 michaelablount@gmail.com Fax No. NC 27607 FAX 919.859.5663 TEL 919.866.4951 Site Development I Residential I Infrastructure I Technology www.timmons.com Property Ow (Print): Property Owner's Signature: Property Owner's Mailing Address: Owner's TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner The Department of the Army US Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402-1890 To Whom It May Concern: NCDEQ — Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 I, the undersigned, current property owner designate, authorize representatives of Timmons Group to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the 27 day of MOW , 20, .1 . (number) (Month) (Year) I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NCDEQ Division of Water Resources (DWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 401 and 404 of the Clean Water Act, and/or Section 10 of the Rivers and Harbors Act of 1899. This notification supersedes any previous correspondence concerning the agent for this project. Project Name: Green Level Business Park Parcel ID: 0737103343 Site Address: 11724 Green Level Church Road Cary, NC Name Print : Lucille Green Ventures LLC; Green, Kevin A ' garcki rr-e ej �i�,C / ✓�l: td r . 0.21 .�, zu Property Owner's Telephone: 7 Property Owner's Email Address: 4e44cL IA- A34,5--/ N 0 N N 0 z o, 5) co N • a) CC a 1- 0 FAX 919.859.5663 TEL 919.866.4951 www.timmons.com 6Efii`et TIMMONS GROUP YOUR VIS4ON CH EV D THROUGH OURS AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner The Department of the Army US Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402-1890 To Whom It May Concern: NCDEQ — Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 I, the undersigned, current property owner designate, authorize representatives of Timmons Group to act on my behalf as my agent in the processing of permit applications, to fumish upon request supplemental information in support of applications, etc., from this day forward. This the day of mct , 20,2 f . {number) (M nth) (Year) I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NCDEQ Division of Water Resources (DWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 401 and 404 of the Clean Water Act, and/or Section 10 of the Rivers and Harbors Act of 1899. This notification supersedes any previous correspondence conceming the agent for this project. Project Name: Green Level Business Park Parcel ID: 0737103753 Site Address: 11730 Green Level Church Road Cary, NC Property Owner's Name (Print): Green, Kevin A: Green, Jacqueline Y Property Owner's Signature: tiv, Property Owner's Mailing r Address: //73c7 tee l& L ej L. u.rcir\ 2-Le . Ccsy Pc- /_-2cm Property Owner's m, 28 6600 Telephone: Fax No. Property Owner's �y Email Address: -. �,c12ZAt{ vlol FAX 919.859.5663 TEL 919.866.4951 Site Development I Residential I Infrastructure I Technology www.tlmmons.com DWR Pre -Filing Meeting Request Form ID#* Regional Office * Reviewer List* 20210874 Version* Central Office - (919) 707-9000 Rick Trone Pre -Filing Meeting Request submitted 4/29/2021 1 Contact Name * Matt Michel Contact Email Address* matt.michel@timmons.com Project Name* Green Level Business Park Project Owner* KeyStone Corporation Project County* Wake Owner Address: Street Address 5410 Trinity Road Address Line 2 Suite 215 City State / Rovince / Region Raleigh NC Fbstal / Zip Code Country 27607 USA Is this a transportation project?* C Yes ( No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - I— 401 Water Quality Certification - Reg ula r Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#?* C Yes ( No Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below and include location information.* The project consists of a proposed commercial development at 11724 and 11730 Green Level Church Road in Cary, Wake County, NC. Site plans are in progress. The site was previously delineated by S&EC and confirmed by James Lastinger (USACE) on 01/09/2020. Approximately 0.30 acres of wetland were identified within the site; no stream features were identified within the site. Proposed impacts to jurisdictional features are associated with grading and would result in minimal impacts to wetland areas. Please give a couple of dates you are available for a meeting. 5/13/2021 5/18/2021 5/20/2021 Please attach the documentation you would like to have the meeting about. S&EC 11724 Green Level Church Road - Post USACE Map 2020.pdf pdf only 1.25MB 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. • !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. Signature toeoegori Submittal Date 4/29/2021 Matt Michel From: laserfiche@ncdenr.gov Sent: Sunday, May 30, 2021 12:01 AM To: Matt Michel Cc: rick.trone@ncdenr.gov Subject: Pre -Filing Meeting Review Completed for Green Level Business Park - 20210874 Ver 1 LCAUTInN• This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Green Level Business Park that you submitted on 4/29/2021 3:02 PM. The ID number for that project is 20210874, Version 1. It has been decided that no meeting is needed for this project. Review Comments (If provided): Project file link: https://edocs.deq.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=1743694 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. 1 Path: Y:\805\47802 - Green Level Business Park\GIS\47802.000-JD-VIC.mxd �rng erwvo Site Limits Site limits are approximate. Topographic imagery from USGS. • • `"°az izautzq eIlbammitcpaci ninzev • • f1 0 1,000 2,000 3,000 4,000 Feet 4 t.ona 2 innw ten Dr 4 .71 4+, GREEN LEVEL BUSINESS PARK WAKE COUNTY, NORTH CAROLINA FIGURE 1: VICINITY MAP TIMMONS GROUP • YOUR VISION ACHIEVED THROUGH OURS. • • TIMMONS GROUP JOB NUMBER: 47802.000 PROJECT STUDY LIMITS: 14.7ACRES LATITUDE: 35.866755 LONGITUDE: -78.895865 U.S.G.S. QUADRANGLE(S): GREEN LEVEL DATE(S): 2019 WATERSHED(S): HAW (CAPE FEAR RIVER BASIN) HYDROLOGIC UNIT CODE(S): 03030002 Th ese p ans an assoc ocuments are the exclusive property of TIMMONS GROUP and may not be reproduced in whole limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. d shall no[b aced d or in part an a used for any purpose whatsoever, inclusive, but not Path: Y:1805\47802 - Green Level Business Park\GIS\47802.000-JD-NRCS.mxd W�P�E N 1 ■ ■ _ • • _ ■ ■ • 1 • • Site limits are approximate. Soils from NCRS web soil survey (Wake County 1970). GREEN LEVEL BUSINESS PARK WAKE COUNTY, NORTH CAROLINA FIGURE 5: NRCS SOIL SURVEY MAP TIMMONS GROUP • YOUR VISION ACHIEVED THROUGH OURS. I TIMMONS GROUP JOB NUMBER: 47802.000 PROJECT STUDY LIMITS: 14.7ACRES LATITUDE: 35.866755 LONGITUDE: -78.895865 U.S.G.S. QUADRANGLE(S): GREEN LEVEL DATE(S): 2019 WATERSHED(S): HAW (CAPE FEAR RIVER BASIN) HYDROLOGIC UNIT CODE(S): 03030002 These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in w limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. hole or in part and shall not be used for any purpose whatsoever, inclusive, but not ako k\NOWw1 . e Z fmaoH1H a moa_ nVc1 ___ 13/01 _e ;5 • g. ; ; \ E \ \ E / / % E { \ }) )gr § / m : I {O [ § ) S \ / : ƒ f • ;!, ; 1 ± ! ` | 1 l 155 ti Legend C!f Evaluation Area Potentially Jurisdictional Wetland 2' Wake County Contours Confirmed by James Lastinger of the USACE on 01/09/2020. j/ / I / . I/ / / /i / 1\1t,1 / / J �/ I A\\I I / j I\\l\(1\•d't,lie •\I\) 1 I J / \\N1\\\I\ 11 I 1 1 /�\/(1jt I\1/41 I I f �1\, 11/)lgl I /k Oi174*`. 11.1 d a l -/ g% i\Q ///ram../// /'/ J s`l JIB �I i / b • \rJs Detailed Delineation of Waters of the US Suitable for Preliminary Planning Only S&EC reserves the right to modify this map based on more fieldwork, and any other additional information. Approximations were mapped using topographic maps, air photos and ground truthing. If the site is going to be disturbed, S&EC's detailed delineation should be approved and permitted by the U.S. Army Corps of Engineers as required. If the user of this work desires an accurate map of the regulated features flagged by S&EC, they should retain a NC Registered Professional Land Surveyor to locate S&EC's flagging. _ram _/,, - e1 �%%le--.Q: in :.k ‘f•. ri- r"1 s } r J 1 1 1 x ,r pr / / -, \ ` \ r / / / 1 / • / �� —//, ' ,-y/ /� / / / / i J ( /.! ,..-/' - _/ / J I / 1 / /' /" / / 1 / _moo"� /. I / ( /I i, / / / a /�. r�./ / / / / l / /.. / ,4 .--^t! �/ ,/ / / / J/ I ( I ,1 . ♦ ♦ \ \ . \ \ l_ — \ -\ •\ t ` \ \ • �. ♦ 1 .I \ \ ♦t f �J i / t 1 f, Jw `)) 1 t� / I IJ ( % \1 i.\:J \ l J I 1 Project Number: 14063.W1 " . .! Project Manager: SB . Scale: Date: 01/13/2020 Map Title: Wetland Sketch Map 11724 Green Level Church Road Wake County, NC Source: Aerials from NC One Map 0 F,1 C-rater for Geographie.6 form ion £ L° 150 300 I I 1 1 1 1 1 1 Feet S& EC Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandee.com 5/20/2021 IPaC: Explore Location resources IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. 1\01° Location Durham and Wake counties, North Carolina S\ 1U111)‘41 Local office Raleigh Ecological Services Field Office k. (919) 856-4520 fi (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F https://ecos.fws.gov/ipac/location/OU6F3WDHGFDVF L4345C EA3JJ4Q/resources 1/12 5/20/2021 IPaC: Explore Location resources Raleigh, NC 27606-1487 #0,c\O 00\As" OB\4ds https://ecos.fws.gov/ipac/location/OU6F3WDHGFDVF L4345C EA3JJ4Q/resources 2/12 5/20/2021 IPaC: Explore Location resources Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and lit project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Login (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries ). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 2. 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. The following species are potentially affected by activities in this location: Birds NAM E STATUS https://ecos.fws.gov/ipac/location/OU6F3WDHGFDVFL4345CEA3JJ4Q/resources 3/12 5/20/2021 IPaC: Explore Location resources Red -cockaded Woodpecker Picoides borealis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Clams NAME Atlantic Pigtoe Fusconaia masoni Wherever found There is proposed critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/5164 Flowering Plants NAME Michaux's Sumac Rhus michauxii Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 Smooth Coneflower Echinacea laevigata Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3473 Critical habitats s\) Endangered STATUS Proposed Threatened STATUS "lc\ E g Endangered Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. https://ecos.fws.gov/ipac/location/OU6F3WDHGFDVFL4345CEA3JJ4Q/resources 4/12 5/20/2021 IPaC: Explore Location resources 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found oelow. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. ,:,:EOM Sv` \4 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 BREEDING SEASON (IF A BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH IS A VERY LIBERAL ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. "BREEDS ELSEWHERE" INDICATES THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) Breeds Sep 1 to Jul 31 https://ecos.fws.gov/ipac/location/OU6F3WDHGFDVFL4345CEA3JJ4Q/resources 5/12 5/20/2021 IPaC: Explore Location resources Blue -winged Warbler Vermivora pinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Eastern Whip -poor -will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Jun 30 Breeds May 1 to Aug 20 Breeds Apr 20 to Aug 20 Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea Bree fitS111S31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus 1 0‘ This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Vika.% — Probability of Presence Summary Breeds elsewhere Breeds May 10 to Aug 31 The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. https://ecos.fws.gov/ipac/location/OU6F3WDHGFDVFL4345CEA3JJ4Q/resources 6/12 5/20/2021 IPaC: Explore Location resources How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of t. presence score.44146 To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season ( ) " Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort ( ) ilk Jibe - Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data ( ) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES probability of presence breeding season survey effort no data JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC https://ecos.fws.gov/ipac/location/OU6F3WDHGFDVFL4345CEA3JJ4Q/resources 7/12 5/20/2021 IPaC: Explore Location resources Bald Eagle Non -BCC Vulnerable (This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.) Blue -winged Warbler BCC - BCR (This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA) Eastern Whip - poor -will BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Kentucky Warbler BCC Rangewide ) MIN is a Bird f Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) ittl 1111 1111 1111 Hi++ ++++ ++++ +.++ ++1+ ++11 1111 1111 ++++ ++++ ++++ +++• i 111 ++++ ++++ ++++ ++++ 4\0 #c1X‘ ++++ ++++ +4 11 1140 0010,13+ +1:+ ++++ ++++ ++++ ++++ gra 0 \--N4- 1-+++ ++++ ++++ + 1 1 111 ++++ ++++ III+ ++++ ++++ ++++ ++++ Prairie Warbler ++++ ++++ ++++ +Ill OH+ Oil+ 1 1 I 1 +II 1 1111 1111 1111 1111 BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) https://ecos.fws.gov/ipac/location/OU6F3WDHGFDVFL4345CEA3JJ4Q/resources 8/12 5/20/2021 IPaC: Explore Location resources Prothonotary Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Red-headed Woodpecker BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Rusty Blackbird BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Wood Thrush BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its Ike in the continerifV1 USA and Alaska.) ++++ +++I 1111 1111 III I I I I ■+++ +++I ++++ ++++ ++++ ++++ 0111 0000 1111 1111 1111 11+1 1111 1111 1111 1111 1111 1111 ■ III IIII IIII III++ ++++ ++++ ++++ + +� ++ + on on c,0\4s ++++ 11 El F 11 ttII Oil 1 11 1 I+ I+++ ++++ ++++ ++++ ++++ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. https://ecos.fws.gov/ipac/location/OU6F3WDHGFDVFL4345CEA3JJ4Q/resources 9/12 5/20/2021 IPaC: Explore Location resources The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network ,(AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab oftthology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3.Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. https://ecos.fws.gov/ipac/location/OU6F3WDHGFDVFL4345CEA3JJ4Q/resources 10/12 5/20/2021 IPaC: Explore Location resources Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Facilities e'"7. �J ^1(4► National Wildlife Refuge lands Li%Pi Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory https://ecos.fws.gov/ipac/location/OU6F3WDHGFDVFL4345CEA3JJ4Q/resources 11/12 5/20/2021 IPaC: Explore Location resources Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. THERE ARE NO KNOWN WETLANDS AT THIS LOCATION. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions * Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions oPkJN Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. https://ecos.fws.gov/ipac/location/OU6F3WDHGFDVFL4345CEA3JJ4Q/resources 12/12 3 ■■■ ■■ ■ NC DEPARTMENT OF ■ ■u••• NATURAL AND CULTURAL RESOURCES • LNNE May 20, 2021 Matt Michel Timmons Group 5410 Trinity Road Raleigh, NC 27606 RE: Green Level BP; 47208 Dear Matt Michel: Roy Cooper, Governor D. Reid Wilson, Secretary Waiter Clark Director, Division of land and Water Stewardship NCNHDE-14743 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butlerca ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 0 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 919.707.9120 • FAX 919.707.9121 \ / o \ / / \ \ / 3 s \\ � ® % • v ce 3 e g e g 0 0 0 0 ± © 0 0 2\ 3 / 0 e / g e = s / \ \ CO s e = 7 e o 2 \ / \ > E 2 s s s s e > c c e g / Y / / Y Y Y \ \ & e & & & \ E\\ 0 1 < CO 0 0 e „ 2 3 Oc E E w La \ \ t e e \ 0 2 % m wee \ z e 6 a 6 6 0 3 ±/ % % 0 0 y 0 0 G 0 v < a o\ o a 6 a 6 6 % 6 \ \2 0 \ 0 0 0 ƒ \ a O a a a a .\ / \ CcoL\ c / 4 / \ > o \ / 2 ° 0 ~ ƒ2 e cn co \ \ \_ \ /� 3 / %® a— • » » % — a \ cn E ' e = « \ / 0 / / / \ / { \ E 2 = 2 k k 2 — \ > / w y ze \e e \ Cr) ? e 0 e e o /_ E \ t = \ t // } \ ( / \ \ / �.g (0 / / \ / / / \ \ / 0 co 2 ( ^ \ H ^ \ E CO \ F ^ \ \ / / / 3 / 2 \ o \ o o e C o e g m= e E g y �� \ « \ y » \ y » \ »� o -(5 f ` » E.e a \ = a \ _ \ E z.± a \ E o_ a ? % 0 / % \ \ / / 2 / / 2 / 2 / / y / 2 / / / 0 / o \ / — \ \ 0 N. a \ ® o y E m ® ®m v E \ / \ \ / % \ LC) 0 \ % o 2 0 1 C4 (Moderate) = y y / \ o > > > > / / / \\ —�\»—\ _\ _\_\ _\ %% — e= z c E o} 2 E 2 E TETE 2 E 5 E 2 E° E}» E 2 E E E 2 E E °° (DE I<< \/// \/ ZOZO \/ \\ \ Site Name 2 / 0 17 cn )( \ CO TOa) a \ (0 \ \ \ \ / H o0 / cn t17 / E \ \ - \ \ 0 0 \ \ z 4 o z z } s O 0 0 \ DZHH / j 3 •\ \ s 7 s® \ o \\ 0a /± } «: / \ .\ \ \ o// )} 0 »_ \E c / / c \ \ \\\ \l \ ` E \ \ ./ { = o o / 2 s co _ \ ( W \ \ ° / \ ) \ t 0 0 \ \ \ / » ` ° ® ® ` 4 4 ©< / \ O O \ \ s s t m\ e w z> \\ 3 s J o o \ a e c y 2// z z > E / / o / J. 0 / / T x x Z 2 5 Z e e \/ Radius of the Project A in a One -mil US NCNHDE-14743: Green Level BP Project Boundary Buffered Project Boundary NHP Natural Area (NHNA) Managed Area (MAREA) apz 2 or E m NCHPO HPOWEB - Green Leve 2 U7 W • ce 0 • �arrL14- i7t 910P p IL' lz 6 'aL 4 7 = 0 • f G. 0- W i c V 4 i> 1) i CA "i' .� 4} ,7 �n as l l = JQ j 5/20/2021, 6:18:13 PM E E co L 00 o — O O — O Local HD Center Point N C O Q C U 05 N a) O 7 O N a) 7 .> 73 0 0 0 J N a)) i a) 0I a) N 7 a) Q L6 -O C C N 05 a) } U � J i 0 N_ a) a 0 0 U 0 O LI- J J • Carolina DOT, Esri, HERE, Garmin, 0 z 0 Town of Cary, State Local Landmark Local Landmark, Gone North Carolina State Historic Preservation Office Town of Cary, State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS I NCCGIA, NC911 Board I Participating NC Counties, NCCGIA, NC OneMap, US EPA I Esri, HERE December 30, 2019 Steven Ball S&EC, Inc. 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Subject: Jordan Lake Watershed — Riparian Buffer and Urban Transition Buffer Rules 11724 Green Level Church Road (Wake County) TCRB 19-013 Address 11724 Green Level Ch Rd Real ID# 0026173 STORMWATER DIVISION PIN10 0737003472 Dear Mr. Ball: The site location and maps provided by you allowed a determination to be made as to whether or not the referenced site would require compliance with The Town of Cary Riparian Buffer and Urban Transition Buffer (UTB) Rules. This project, as referenced by the Town of Cary as TCRB 19-013, includes features as depicted on the attached maps. The table below summarizes the stream determination made in a site visit on December 20, 2019. This determination is valid until December 20, 2024. Reference ID USGS Map (100 Ft. Buffer) [ Soil Survey Map (50 Ft. Buffer) A [ - Not Subject Landowners or affected parties that dispute a stream origin determination made by the Town of Cary may appeal the determination to the NC Division of Water Resources. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director of DWR shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. TOWN Of CARY 318 North Academy Street •Cary, NC 27513•P0 Box 8005•Cary, NC 27512-8005 tel 919-469-4030 • fax 919-460-4935• www.townofcary.org Mr. Ball Stream Determination Letter December 30, 2019 Page 2 of 2 Any appeal submitted shall be related to the origin of the stream channel and/or applicability of the Jordan Lake Buffer Rules to a stream feature. This determination is final .nd binding unless, as detailed above, an appeal is requested within sixty (60) days. Sincere nc W. Kulz Environme Town of C al Spec' ry Stor 1st ater Department IProject Number: 14063.W1 Project Manager: SB Scale: 1" 1000 Date: Map Title: Figure 1 - USGS Map 11724 Green Level Church Rd, Cary, NC 27519 Source: 2019 NC Southwest Durham & Green Level Quads 0 l r 1,000 2,000 r 1 r 1 r 1 Feet EC Soil & Environmental Consultants, P 11/12/2019 8112 Falls nl None Rood Suite I04 Italu14i \C 27615 • Phone 1919, 84d-?900 • Fas:1919) y14.91F Project Number: 14063.W1 Project Manager: SB Scale: Date: 11/12/2019 Map Title: Figure 2 - Soil Survey 11724 Green Level Church Rd, Cary, NC 27519 Source: Wake County Soil Survey Sheets 35 & 35 (inset) Durham County Soil Survey Sheet 39 S& EC 1,000 Soil & Environmental Consultants, PA (1912 Fills or N.inu Road, SiiiI. 104, Raloigh, NC 27615 • Phun.: (919) 8J65900 • Fax: (919) efe.96- 6whu..om Legend if2 Parcel Boundary moo° Non -buffered drainage gb Potentially Jurisdictional Wetland 2' Wake County Contours \ti t 1 I ( /r - \Sy t r\, O 1-• t, '. . t' ' / I r / ; r ' f I I Is1;1il II rl i , ,/ 1 r/ J� t`�Y'. HItll i f 1 �1 ti,_.. r Si 1 Y ill /' 11 / // 1 J 5 v 1/`Illf�idziir!). / f, / -,.., r..-- �- 4407li / I 1 1 � a 4%� — � j'� r I '.. — 'G Yam{ 1 aC1 ' r1t / ': e 1 ,r :• 1's lYii� . Detailed Delineation of Waters of the US Suitable for Preliminary Planning Only S&EC reserves the right to modify this map based on more fieldwork, and any other additional in fot•mation. Approximations were mapped using topographic maps, air photos and ground truthing. If the site is going to be disturbed, S&EC'.s detailed delineation should be approved and permitted by the U.S., Army Coops of Engineers as required, If the user of this work desires an accurate map of the regulated features flagged by S&EC, they should retain a NC Registered Professional Lancl Surveyor to locate S&EC's flagging. USAGE still needs to confirm wetland and drainage feature r ' \ r 1 1 t t t 1 �R!^ Y S4 r t c.r Y Feature A not subject to buffers per site visit with Eric Kulz the town .n 12/20/19 Project Number: 14063.W1 Project Manager: SB Scale: 1" = 150' Date: 11 /21 /2019 �r r it , , �. f 1 1 • I'7 . L A =r/ r/ . / r! 1�/ I / • r fJt� F• -r ! = tr / /, /r^rf rr/. / //. /r /' �/ FF /._1 •/ /^' J r / f 1�' r / r•-F.'r... % r/ f � I• �^ r/ r //r/ / /° ■ 1 .I��1 - f,Y7 , , f/tr�/" .../ � , t ~ / ~ I l! a /! • /- 1 ,1 /tit / F / / / f �� /^- r/ ! 1 / / I --y r / f r1^ /- /_ f 1 / / r f r• .r// /1 r [ I f^.. lc/, / / •f/ /—, 'off• / y ri t • / / / /-`/"4/- // 1 ./ // / / / ` e.' /^ 1 / / r.' /r // ./ rAr //.. tr 1/ / if / / '-i.--1 -r' - ; // -% . / 1 \• t r `� 's F,1 i f r . F1I NA; L 12TTPL L•: ,..,,, ,. t t�ti r t l r", tin tr r 1 II, l�ti,, i \. \ . , {{‘j' Map Title: f 1 Wetland Sketch Map 11724 Green Level Church Rd, Cary, NC 27519 Source: Aerials from NC One Map r ei ftif•Seq(tfaphI01f1fdrnlal 0 150 Feet 300 > i I Soll & Environmental Consultants, PA ••,I .P.. Rawl. 9..e lal lead* 1T 7\If•lh-19ri111tr•9w+'/•l, ,19.N1-•H'