20210108 Ver 1_ePCN Application_20210726

DWR
Dlrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned
20210108
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Central Office - [phone]
Information for Initial Review
la. Name of project:
Courtyards at Southerland
la. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email:*
[e-mail]
Date Submitted
7/26/2021
Nearest Body of Water
Indian Creek
Basin
Cape Fear
Water Classification
WS-IV;NSW
Site Coordinates
Latitude: Longitude:
35.798985-78.917107
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Version#*
1
What amout is owed?*
r $240.00
IT $570.00
Select Project Reviewer*
Rick Trone:eads\rvtrone
1c. Primary Contact Phone:*
[phone]
Is this a courtesy copy notification?*
r Yes r No

ID#
20210108
Pre -fling Meeting or Request Date
1/15/2021
Attach documentation of Pre -Filing Meeting Request here:
pick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
File type rtust be FCF
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
IT No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
NWP 18 - Minor Discharges (SCM outfall)
1d. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual 401 Water Quality Certification
Version
1
29 - Residential Developments
le. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
52.35KB
r 401 Water Quality Certification - Egress
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes IT No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes IT No
B. Applicant Information
1d. Who is applying for the permit?
r Owner fJ Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
EPCON WEST CARY LLC
2b. Deed book and page no.:
DB: 018569, DP: 00762, 00771
2c. Contact Person:
Michael Kemp
r Yes r No
r Yes r No

2d.Address
Street Address
500 STONEHENGE PKWY
Address tine 2
(Sty
State / Province / Fbgion
DUBLIN
OHIO
Fbstal / Zip Code
Country
43017
US
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Michael Kemp
3b. Business Name:
Eprwn Communities, Inc.
3c.Address
Street Address
119 Weston Parkway
Address tine 2
Clly
State / Province / Rion
Cary
NC
Postal / Zip (,de
Country
27513
USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil & Environmental Consultants, PA
4c.Address
Street Address
8412 Falls of Neuse Road, Suite 104
Address tine 2
City
State / Province / Fbgion
Raleigh
NC
Postal / Zip Code
Country
27615
USA
4d. Telephone Number: 4e. Fax Number:
[phone] [phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Cary
2. Project Identification

2a. Property Identification Number:
0724466092,0724462841 & 0724369024
2b. Property size:
+/- 61
2c. Project Address
Street Address
9716, 9708 & 9648 Morrisville Parkway
Address Line 2
aty
Cary
Postal / Zip Cork
27519
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Indian Creek
3b. Water Resources Classification of nearest receiving water:*
WS-IV;NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020610
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Existing conditions onsite consists primarily of wooded land. A residential structure resides on the eastern part of the property adjacent to Morrisville Parkway. Specifically, there are two
(2) perennial streams (SA & SC), three (3) intermittent streams (SB, SB2 & SD), nine (9) wetland features (W1-W9), and one (1) pond (Pond 1) that has been drained. General land use
in the vicinity of the project is mainly residential developments and wooded land. Morrisville Parkway bounds the property to the east, while residential developments bound the property
to the North and South.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 1.32 ac
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 3,705 LF
4h. Explain the purpose of the proposed project:*
The purpose of this project is to construct a single-family and multi -family residential development and its necessary infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The overall project consists of the construction of a mixed single family and multi -family residential development including but not limited to, roadway infrastructure, amenities, residential
structures, utilities, greenway and stornmoter control measures. Specifically, there are six (6) road crossings that impact streams and/or wetlands and one (1) area of wetland fill for an
SCM outfall. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No C Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Steven Ball
Soil & Environmental Consultants, PA
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
USACE: Site visit and field determination completed by James Lastinger on March 13, 2019.
Town of Cary: Site visit and field determination made by Eric Kulz on March 7, 2019 (TCRB 19-002)
***Preliminary JD "checked" in C.S.b so that this data box would be activated to add these notes. No PJD/AJD issued to date.***
6. Future Project Plans

6a. Is this a phased project?*
F Yes C No
6b. If yes, explain.
There are five (5) construction phases within the current plan. There are no known plans for future phases not shown on existing plan.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
V Wetlands P Streams -tributaries ❑ Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type * M
2c. Type of W.*
2d. W. name *
2e. Forested *
2f. Type of
Jurisdicition*(?)
2g. Impact
area
Im act 2A
P
Road Crossing Culvert,
9(
P
Headwater Forest
Yes
Both
0.038
riprap dissipator)
�W8
(acres)
Impact 2A
Road Crossing -
T
Headwater Forest
W8
Yes
Both
0.003
Construction Access
(acres)
Impact 2B
Road Crossing (fill)
P
Headwater Forest
Drained Pond 1
Yes
Both
0.102
(acres)
Impact 4A
Road Crossing (Fill)
P
Headwater Forest
W6
Yes
Both
0.039
(acres)
Impact 4B
Road Crossing (Fill)
P
Headwater Forest
W7
Yes
Both
0.020
(acres)
Impact 5A
Road Crossing (Fill)
P
ffornland Hardwood Forest
W1
Yes
Both
0.023
(acres)
Impact 5B
SCM Ouffall
P
Bottomland Hardwood Forest
W2
Yes
Both
0.002
(acres)
2g. Total Temporary Wetland Impact
0.003
2g. Total Wetland Impact
0.227
2g. Total Permanent Wetland Impact
0.224
21. Comments:
Total permanent loss wetland = 0.224 acres; Total temporary stream = 0.003 acres. Temporary wetland impacts will be brought back to pre -
construction contours and allowed to revegetate with the existing adjacent wetland seed source.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name*
3e. Stream Type *
3f. Type of
3g. S. width*
31h. Impact
(?)
Jurisdiction*
length*
S1
Impact 1-Road Cross
P 9
Permanent
Culvert
Stream D
Intermittent
Both
3
138
(culvert, headwalls)
Average (feet)
(lir�rfeet)
S2
Impact 1-Road Crossing -
Permanent
Other
Stream D
Intermittent
Both
3
19
Riprap(Permanent-no
Average (feet)
(linearfeet)
permanent loss)
S3
Impact 1-Road Crossing -
Temporary
Other
Stream D
Intermittent
Both
3
54
Construction Access
Average (feet)
(lirrfeet)
S4
Impact 3-Road Cross
P 9
Permanent
Culvert
Stream B
Intermittent
Both
4
90
(Culvert, headwalls)
Average (feet)
(lir�rfeet)
S5
Impact 3-Road Crossing -
Permanent
Other
Stream B
Intermittent
Both
3
24
Riprap(Permanent-no
Average (feet)
(li �rfeet)
permanent loss)
S6
Impact 3-Road Crossing -
Temporary
Other
Stream B
Intermittent
Both
4
13
Construction Access
Average (feet)
(linearfeet)
S7
Impact 5A-Road Crossin
P 9
Permanent
Culvert
Stream A
Perennial
Both
6
175
(Culvert, headwalls)
Average (feet)
(lirrfeet)

gg
Impact 5A-Road Crossing -
Permanent
Other
Stream A
Perennial
Both
6
26
Riprap(permanent-no
Average (feet)
(liriearfeet)
permanent loss)
S9
Impact 5A-Road Crossing -
Construction Access
Temporary
Other
Stream A
Perennial
Both
4
Average (feet)
36
(lir�rfeet)
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
472
31. Total stream and ditch impacts:
575
3i. Total temporary stream impacts:
103
3j. Comments:
Total permanent loss stream = 403LF/1,771 SF (0.041 ac), Total permanent -no permanent stream loss = 69LF/262SF (0.006 ac), Total temporary
stream = 103LF/379SF (0.009 ac).: Temporary stream impacts Will be brought back to pre -construction stream bed elevations and the stream banks
Will be stabilized. Permanent -No permanent loss stream impacts are locations where riprap will be placed below the stream bed for stabilization, the top
elevation of the riprap post construction will not exceed the pre -construction elevation of the stream bed.
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:
S&EC completed and wetland and stream delineation for the entire property in order to identify natural resources so that impacts could be avoided
and minimized to the maximum extent practicable. Impact area 1 is proposed permanent and temporary stream impacts for a road crossing. This
crossing is necessary to provide access to the southwestern portion of the property. Head walls and retaining walls have been utilized to minimize
stream impacts. A riprap dissipator that will be utilized to reduce flow velocities and minimize stream degradation. A temporary diversion pump, coffer
dams, dewatering pump, and discharge hose will be utilized during construction to divert stream flows and minimize the release of sediments during
construction activities. Compensatory mitigation at a 2:1 ratio is proposed to offset permanent stream losses. It should also be noted that, the Town of
Cary does not allowwalls within the zone of influence for the roadway. Impact area 2A is proposed permanent and temporary wetland impacts for a
road crossing. This road crossing is necessary to provide access to the southwestern portion of the property. Retaining walls and head walls will be
utilized to minimize wetland impacts as well as a riprap dissipator at the culvert outlet. Compensatory mitigation at a 2:1 ratio is proposed to offset
permanent wetland losses. Impact area 2B is proposed permanent wetland impacts for a road crossing. This road crossing is necessary to provide
access to the southeastern portion of the property. Per the project engineer, the roadway could not be shifted farther east because of the Town's
roadway geometry requirements. Compensatory mitigation at a 2:1 ratio is proposed to offset wetland losses. Impact area 3 is proposed permanent
and temporary stream impacts for a road crossing. This road crossing is necessary to provide access to the southern portions of the property. The
road impact has been shifted to the east to minimize stream impacts. The Town of Cary does not allow walls within the zone of influence for the
roadway, therefore retaining walls cannot be utilized. A headwall and riprap dissipator will be utilized at the outlet of the culvert to reduce flow velocities
and minimize stream degradation. Compensatory mitigation at a 2:1 ratio is proposed to offset permanent stream losses. Impact areas 4A and 4B are
proposed permanent wetland impact for a road crossing (cul-de-sac). These impacts are necessary to provide access to the lot at the end of the
street, in addition Cary will require a cul-de-sac as a permanent turnaround. Compensatory mitigation at a 2:1 ratio is proposed to offset permanent
wetland losses. Impact area 5A is proposed permanent wetland, permanent and temporary stream impacts for a road crossing. This road crossing is
necessary to provide access to the property from the existing stub road to the north. The existing stub angle, the property boundaries and the angle
of the stream within the landscape created a design challenge for this road crossing, in addition the Town does not allowwalls within the zone of
influence. Head walls are being utilized to minimize stream impacts to the maximum extent practicable. A riprap dissipator is being utilized that will
reduce flowvelocities and minimize stream degradation. A temporary diversion pump, coffer dams, dewatering pump, and discharge hose will be
utilized during construction to divert stream flows and minimize the release of sediments during construction activities. Compensatory mitigation at a
2:1 ratio is proposed to offset permanent stream and wetland losses. Impact area 5B (NWP 18) is proposed permanent wetland loss for an SCM
overflow/outfall. The location of the overflow is placed adjacent to the nearest stream along with a clean water dike near the base of the overflow lane.
Compensatory mitigation at a 2:1 ratio is proposed to offset wetland losses. Impact Area 7 is buffer impacts only and will be requested within a Town of
Cary No Practical Alternatives Buffer Authorization Request. Impacts to the stream are avoided by utilizing a bridge structure (see Greenway Plan and
Profile, and Greenway Bridged for Courtyards at Southerland sheets). All temporary stream impacts will be brought back to pre -construction stream
bed elevations and the stream banks will be stabilized. Temporary wetland impacts will be brought back to pre -construction contours and allowed to
revegetate with the existing adjacent wetland seed source.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Bypass pumping will be used for the installation of road culverts as shown on the attached detail sheet. Other measures being taken to
avoid/minimized proposed impacts through construction techniques include silt fence, silt fence outlets, and skimmer basins to minimize sediment loss.
Dewatering bags will be used on temporary basins prior to close out.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
W DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
W Mitigation bank W Payment to in -lieu fee r Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:

Cane Creek Umbrella Mitigation Bank, specifically from the UT to Pine Hill Branch Mitigation Site,
Bethel Branch Mitigation Site, and South Fork Mitigation Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream
806 LF
3c. Comments
S&EC reviewed the NCDWR Approved Mitigation Banks in NC list, there were four (4) banks listed within the 03030002 HUC that had stream and/or
wetland credits available. All four (4) were contacted, two (2) had stream credits available. Attached is a Statement of Availability letter from Wildlands
Holdings for 806 stream credits. Permanent stream loss impact = 403 LF; 403 LF @ 2:1 mitigation ratio = 806 LF.
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
r Yes r No
4b. Stream mitigation requested:
(linear feet)
0
4d. Buffer mitigation requested (DWR only):
(square feet)
0
4f. Non -riparian wetland mitigation requested:
(acres)
0
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.45
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
4h. Comments
S&EC reviewed the NCDWR Approved Mitigation Banks in NC list, there were four (4) banks listed within the 03030002 HUC that had stream and/or
wetland credits available. All four (4) were contacted, no wetland credits were available. Attached is an acceptance letter from NCDMS. Permanent
wetland loss impact = 0.223 ac; 0.223 ac @ 2:1 mitigation ratio = 0.45 ac.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
r Yes r No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
(: Yes r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
W Other SCM that removes minimum 30 % nitrogen
r Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
r NtA - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government r State
Local Government Stormwater Programs
P Phase II W NSW r USMP W Water Supply
Please identify which local government Stormwater program you are using.
Town of Cary
Comments:

G. Supplementary Information u
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. The Courtyards at Southerland project is a residential development. Additionally, the project is located within the Town of
Cary ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1)
the Jordan Watershed Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition
to "diffuse flow" requirements and could require Best Management Practices that control nitrogen if diffuse flowcannot be achieved; 2) the Water
Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers; and 3) the Phase II NPDES
Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -
construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Non -discharge wastewater will be generated and treated at the Western Wake Regional Water Reclamation Facility which has a capacity of 18 MGD.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?

S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a
query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on
February 1, 2021. S&EC received response from USFWS on March 1, 2021 that they concurred with the determinations made by S&EC that the
proposed actions is not likely to adversely affect a portion of the federally -listed endangered or threatened species, their formally designated critical
habitat, or species currently proposed for listing under the Endangered Species Act (ESA). The USFWS recommends that surveys be conducted for
Michauxs sumac during the appropriate survey window. Please see attached S&EC Threatened & Endangered Species report and correspondence
from USFWS.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on January 15, 2021, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries. Additionally, no structures exist Within the property boundaries.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
U
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one
file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
dick the upload button or drag and drop files here to attach docurrent
PCN Attachments_ Courtyards at Southerland.pdf 27.89MB
File crust be FDF a ME
Comments
Signature U
17 By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Deborah E. Shirley
Signature
Date
7/26/2021

WILDL4NDS
HOLDINGS
Stream Credits Statement of Availability
July 12, 2021
Epcon Communities, Inc.
Attn: Mr. Michael Kemp
119 Weston Parkway
Cary, NC 27513
RE: Availability of Stream Credits for the "Courtyards at Southerland" project
Bank Name: Cane Creek Umbrella Mitigation Bank
Bank Sites: UT to Pine Hill Mitigation Site, Bethel Branch Mitigation Site, & South Fork
Mitigation Site
Bank Sponsor: Wildlands Holdings IV, LLC
USACE Action ID No. SAW-2016-00219 / SAW-2016-02365 / SAW-2016-02364
Permittee: Epcon Communities, Inc.
Stream Credits Needed: 806.00 LF
Stream Credits Available: 898.17 LF
Cape Fear 03030002 River Basin
Dear Mr. Kemp,
Wildlands Holdings IV, LLC currently has sufficient stream credits from the Cane Creek Umbrella
Mitigation Bank: UT to Pine Hill Branch Mitigation Site, Bethel Branch Mitigation Site, & South Fork
Mitigation Site to satisfy the stream mitigation requirements related to the above -mentioned project.
The project is located within the Cape Fear River Basin of the service area (HUC 03030002) of the Bank.
This letter is simply a statement of availability of credits as of the date written. Although current
inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first
serve basis. An invoice for this transaction will be sent upon your request and we will formally reserve
both the credits and price quoted for a period of 30 days from the invoice at no cost.
Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer Form within
the 404 permit.
We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at
[phone] x124 [e-mail] if you have any questions or need any additional
information.
Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

WILDL4NDS
HOLDINGS
Sincerely,
Ashley N. Yarsinske
Wildlands Engineering, Inc.
Marketing & Credit Sales
[e-mail]
0: [phone] ext. 124
M: [phone]
Cc: Mr. Camden Brunick, Environmental Consultant I Soil & Environmental Consultants, PA
Mr. James Lastinger I USACE, Raleigh Regulatory Office
Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
TIM BAUMGARTNER
Director
Michael Kemp
Epcon Communities, Inc.
119 Weston Parkway
Cary, NC 27513
Project: Courtyards at Southerland
NORTH CAROLINA
Environmental Quality
July 13, 2021
Expiration of Acceptance: 1/13/2022
County: Wake
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Cape Fear
03030002
Riparian Wetland
0.45
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely, //_V�d�
FOR James. B Stanfill
Asset Management Supervisor
cc: Debbie E. Shirley, agent
D Q'North Carolina Department of Environmental Quality I Division of Mitigation Services
P217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
�+oRrw crww.i+va i
daft /'� 919.707.8976

Project Name/Description:
Date: 1/15/2021
Environmental Consultants,
8412 FaIls of N use Road, Suite 104, Raleigh, NC 27615 • Phone: (919) W)-5900 • Fax: (919) W-9467
sandcc.crnn
AGENT AUTHORIZATION
Southerland
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
S&EC Project # 13081
Attn: James Lastinger Field Office: Raleigh Regulatory Field Office
I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for
the processing, issuance and acceptance of a permit or certification and any and all associated standard
and special conditions. This notification supersedes any previous correspondence concerning the agent for
this project.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0724462841, 0724466092 & 0724369024
Site Address: 9708, 9716 & 9648 Morrisville Parkway_
City, County, State: Cary, North Carolina, NC
APPLICANT INFORMATION:
Name: Epcon Communities, Inc. Michael Kemp
Mailing Address: 119 Weston Parkway Cary, NC 27513
Telephone Number: 919-795-1705
Email: [e-mail]
Michael Kemp
Appficg"�&Me print) Date
Applicant Signature
1/15/2021
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge,

r
�/ Y}." + ''- }�" �45" ,•` M1�/ 5y�hf ih v 'y� M15 � � � � ,x5 y1517 x**54' � � ��I k,54 �,+�
+''J � i r 1 � l � 4 �� M1• 2 k- k� � �}} • ��.r. 4 s5 h PrlS�S_'I
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YENM
+ x k+IVh f ++
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+ k
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Project Number: Map Title: N
13081.W2 0 1,000 2,000
Project Manager: FlgUrel - USGS Map I i i i I i i i I
SB Southerland Property Feet
Scale: Wake County, NC
1 " = 1000'
Source: USGS Soil & Environmental Consultants,
NC
Date' 8412 Falls of N— Road, Suite X 1. Rulei Vh. 1127615 • Pho— [phone] • Fax: (919)
11 /30/2018 Green Level Quad w '-d,°

t
i
- w
4'•�i ytr y545ti WsC
� r
}X ti
S ' S {.,.�ir�
J+sljjjf+`i � • � � � � �3 L+ �y
, � Ws
IF
•- r
1�,sCi 's
r
--5— rB b4SB2 ti ''� 44sC
Pond
r S r
C�87 M b3
CrB2
Cr
GIB
�sct 4i(l �1-�4 J� /�' �y.�
L 4Ic s2, - F, I 4 � f'I� : e.,ry CO2
r v Vw+S 'Wo II
i
�~
Project Number: Map Title: N
13081.W2 0 1,000 2,000
Project Manager: Figure 2- Soil Survey Map I i i i I i i i I
SB Southerland Property Feet
Scale: 1 1000' Wake County, NC
" = •
_ )4
Source: Soil & Environmental Consultants, PA
Date' Wake County 8412 Fall,ofN—Road,8.ila 101. RuleiVL. NC 27615•Ph... :[phone]•F—[phone]
11 /30/2018 Soil Survey Sheet 45

Camden Brunick
From: Steven Ball
Sent: Monday, July 12, 2021 2:57 PM
To: Lastinger, James C SAW ([e-mail])
Subject: Southerland Property, Cary, Morrisville Pkway (Site visit conducted on March 13, 2019)
Attachments: JD Packet SB.pdf, TOC and USACE Wetland Sketch Map.pdf
James,
This is a site that we reviewed in the field in March of 2019. 1 cannot find where the JD packet was submitted. The
packet is attached. Also attached is a post site visit sketch map from out meeting. Debbie will be coming in soon with
a permit on this one. Wanted to get you this as a precursor to an additional email because Pond 1 has been
drained. We are currently considering the full footprint of the drained pond a wetland. I will update the sketch so you
have it, but wanted to at least get this over. This one of those that has been waiting in the wings for years, and just not
getting rolling again. Let me know if you have questions on this.
Thanks,
Steven Ball, RF, PWS
Project Manager
NC Registered Forester #1723
Professional Wetland Scientist #2732
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office 919-846-5900
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
NA Please consider the environment before printing this email.

d,
❑ ,t
' CROOKED PINE DR..7fk.
Oc
1 MELLING PL �..` `ifyra �:• �: = - 1
y Upper end not
01 TT PL 15 TT CH . buffered; but will be
a.,❑
jurisdictional Sao
Q
.r r' a:.. ...-_�-.ate •�. BRIDLE B Z-.._.. .� .
14 TT P L a 1 � - . � �• . OAST Rp O 'ti _
i 1,_
a
o'
08 TT CH I So1'start TT 4
107 TT CH (
A
21 TT CH
iINA
,, //n S06 Start
v I
TOC 01 Start
47A&B TT CH
JL 01 & 14 tt TOC 01
JL 07 tt
auana area
in Pink
Jurisdictional WLsr,,.F
• x.
JL06tt64
r V .
1 Pond 1 �5 ,
a,
i
flagging
..,: ::. ;_::
. • Confirmed by Eric Kulz with the
_ - LSTRATFORD'RIDGE LN l Town of Cary on 03/07/2019
Site confirmed by
_ James Lastinger of the USACE
on March 13, 2019
❑� A p
O'
J
.*
Legend
n
Q
me''µ
Evaluation Area
+►y !
c-,\�q- Potentially Jurisdictional Perennial Stream
__�':�y: �• FERSON RD
�000 Potentially Jurisdictional Intermittent Stream
- -
�Q�
Potentially Jurisdictional Pond
Detailed Delineation of Waters of the US
Suitable for Preliminary Planning Only
7
7 Potentially Jurisdictional Wetland
S&EC reserves the tight to modify this map based on more fieldwork,
and any other additional information. Approximations were mapped using
topographic maps, it photos and ground truthing. If the site is going
50' Town of Cary Buffer
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
1 00' Town of Cary Buffer
S&EC, they should retain a NC Registered Professional Land Surveyor to
Locate S&EC's flagging.
2' Contour
s, 6 .�.%.,
NC�.0 nter •, rap � In oration &Anaylsis
Wetland Sketch Map
Southerland Properly
0 250 500 1,000 Feet
III I I I I I I i
Project No.
Scale:
NCOneft
N
13081.W2
1" = 250'
Wake County GIS
Soil & Environmental Consultants, PA
Project Mgr.:
SB
03/13/2019
Prepared by: JH�
ao,a.sro<.�npezbrz.a�<a9r9,s�s9oo.r,.a9r9,,

WATER RESOURCES DEPARTMENT
March 13, 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
Wake County Real IDs # /0011575/0060054 and /PIN10: 0724462841/0724369024
Southerland Tracts
9648 and 9716 Morrisville Parkway
TCRB 19-002
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 19-002, includes features as depicted on
the attached maps. The table below summarizes the stream determination made in a site visit on March 7, 2019.
This determination is valid until March 7, 2024.
Reference ID
USGS Ma 100 Ft. Buffer
Soil Survey Ma 50 Ft. Buffer
Not Subject
A
Subject at Flag S01 Start
B
Subject at Flag S03 Start
C Pond 1
X
C
Subject at Flag TOC-01 Start
D
Subject at Flag S05 Start
E
X1
Feature determined Not Subject in TCRB 11-008; drainage piped.
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 0f CARY
318 North Academy Street •Cary, NC 27513•PO Box 8005•Cary, NC 27512-8005
tel [phone] • fax [phone]• www.townofeary.org

Mr. Ball
Stream Determination Letter
March 13, 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 and binding unless, as detailed above, an appeal is requested within sixty (60) days.
Sincere ly�-�
Eric W. Kulz
Town of Cary Wate
irtment

NIN
'{.`•'G, Y-t
Id IN,
'�, "5�^4 ` ':! f- ��,� Qr1 rr -, } fr �1.Y`•J f �.,. 1 y+5 ! r t
f `1 ` G I 1 r1? JJ r"1 sy,J y e`. Jr'•`" I �'. i �.+ I Y
ti5 tit '+� I �� r •,r +f r � 4 ` GS � it '��:
+ \ -t� �L./J}-jJ
' �" •lifer' �� fl `` f :~ � �; i •�• k, � r ,�1'
.ter � f
LI
r G C
Pond
\- iNN
1..1^� '\ \ `'..`._ ,yTY �� �'" '.. rr-•ti `t
_ � \ S4 +) � j � 4'4 ` •1 l � �� G f I � r f I )� ti � � `� ,. ��i'' `" +�
f 5
T7
r.r" yti rf• -` � � Ir' �• 1 ��v��� },r�� �•+ `:('��~ � �'`''•..,r.�l � � i �,_�f � I +� !r �!_
ENDR
k A S 17
' � J i !� I I�: � ss�'t `` _� r i.- `yt � �s t+. 4�� . }— 1) h • � �` Y��
y �1 ti� "� + i )r� y � � } �} '� 15 1: * •� i I tits 1\ M1ry w� ! �
Project Number: Map Title: N
13081.W2 o 1,000 2,000
Project Manager: Figure1 -USGS Map
SB Southerland Property Fe
Scale: Wake County, NC
1 " = 1000' •
Soil & Environmental Consultants, PA
Date: Source: NC USGS
8412 Pnlls of Kees. RmJ. Suit. 104, Raleigh. NC 27GIi • Plmne: [phone] • Fa.: (919) 84G-94G
11 /30/2018 Green Level Quad -&---

-.,} � r , FP .i _' X: I . _ I . "'LLL '•,.� a... •11 {:
�y' �:: (� , 4''Y .�' '•, t9 �{l' �- . 4? �' Y�� 1..� ��: 1...31 1"+'4�..F y
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J Fri - ,s''1
6T
ijp eafvi g^t�(�r i
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xlk
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71
mar
1 t 3 1`Ir�l,
�iA4 '� � _ld ji•. � ! 4 t 4M'd r1 1� 3 rL k •�'. {..
' hl

t �
tCROOKED PINE DR
r- kt -it
t H k �� t OPROCK 6 1 ; ,e
MELLING PL >; c� yv •,•
Qom\ r Upper end not
/1 01 TT PL 15 TT CH :- buffered; but WIII be
ilk
jurisdictional Q t
14 TT PL �5 `i'r �LE eoasr RD:;MIN
ws , o�' £ J
r, f�m AtJ 801 Start
08 TT CH 22 TT 28 A
A W2 21 TT CH s '
1 ` 47A&B TT CH aR t
07 TT CH GNC AM
S03 Stop so: Start,g,:i '•- uc 'r`
�° 62 } rlj 'S02 S ad DP1 Jurisdictional WLs /e
1 kt 34 TT CH
i 29TTCH
35A TT 356 xr Al r t W7
4
JL01&14ttT0001
W9
;e
o'..: 56 TT 60y,..-
r 1 TOC 01 Start Streu
44
06 It 64
1p f11z C
ti : w;
11', .� ! nl $r, •. 74 TT 67 _ .At'� )a {:
%GRACEBAY I fL'-& ,4 I ' 4 •4Y t j (�.
p,nf -$ `1914p'}L�� � - .fit
mD !y r, a Ma i `, ✓ Fond 1 4 10- !.
Y�. ..,
Slttr.ft"7e.rt a n b���• f
rt(SOS StartY�ll�y itIAl 8.; fy
7TTT �'. s i�'s m � I r �f �v t:. ktr, � / ::tr « -- �. y, J '.`, cat+•' '-4' -
o..}
New wetland area
shown in Pink fX 4
_ .,
Confirmed by Eric Kulz with the f
LSTRATFORD RIDGE LN +J�i71,� • j��',� z /� Town of Cary on 03/07/2019
l
tt^ LI
Site confirmed by
tit James Lastinger of the USACE
on March 13, 2019
Legend
Evaluation Area
d Potentially Jurisdictional Perennial Stream
Fe s�NRD , ee� cz 000 Potentially Jurisdictional Intermittent Stream
Detailed Delineation of Waters of the vs (r Potentially Jurisdictional Pond
Suitable for Preliminary Planning Only
S Potentially Jurisdictional Wetland
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 truthmg. If the site is going 50' Town of Cary Buffer
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 nagged by 100' Town of Cary Buffer
S&EC, they should retain a NC Registered Professional Land Surveyor to MY
locate S&EC's nagging. 2' Contour
%
\'tk r,t }•� �i '' •'C n(e raphi nfo aI g - sisis
Wetland Sketch Map o 250 500 1,000 Feet
Southerland Property
Project No. Scale: NC OneMap N
13081.W2 1" = 250' Wake County GIs
Project Mgr.: Soil & Environmental Consultants, PA
r03/13/2019 Prepared by: JH 61Jf lb Nxm.•xwJ.Sun.lol. R' C3'IS•Mm 19391t YWFaa.19191 F149Y.]

NC DWQ $tream Identification Form Version 4.11
I C Rv� S�G(M6
OLIsm�Jj
f) 001,9o,
Date:C111 5
Project/SiteS0n�aM)Jj)
Latitude:
Evaluator: L,Z
County: A, KL
Longitude:
Total Points: i,
Stream is at least intermittent
Stream Deteryn+nitibin (circle one)
c-
Other (�
/
Ephemera Intermitte Perennial
e.g. Quad6)
if>_ 19 or perennial if>_ 30
'A /A
A. Geomorphology (Subtotal =
Absent
Weak
Moderate
Strong
1" Continuity of channel bed and bank
0
Lid
2
3
2. Sinuosity of channel along thalweg
0
6D
3
3. In -channel structure: ex. riffle -pool, step -pool,
sequence
0
2
3
-ripple-pool
4. Particle size of stream substrate
0
1
2
- 3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
3
8. Headcuts
0
1
2
9. Grade control
®
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
o = 0
Yes = 3
a artificial ditches are not rated; see discuss' ns in manual
B. H drolo (Subtotal = 5 )
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
1.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
es = 3
C. Bioloav (Subtotal = /� ) ��
18. Fibrous roots in streambed
.3
2
1
0
19. Rooted upland plants in streambed
2
1
0
20. Macrobenthos (note diversity and abundance)
1
2
3
21. Aquatic Mollusks
10
1
2
3
22. Fish
10
0.5
1
1.5
23. Crayfish
0.5
1
1.5
24. Amphibians
0.5
1
1.5
25. Algae
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL
= 1.5 Other = 0
"perennial streams may also be identified using other methods. See p. 3 of manual.
Notes:
�a )ME-J .
Coo &') f'J
ag�mtn

WILDL4NDS
HOLDINGS
Stream Credits Statement of Availability
July 12, 2021
Epcon Communities, Inc.
Attn: Mr. Michael Kemp
119 Weston Parkway
Cary, NC 27513
RE: Availability of Stream Credits for the "Courtyards at Southerland" project
Bank Name: Cane Creek Umbrella Mitigation Bank
Bank Sites: UT to Pine Hill Mitigation Site, Bethel Branch Mitigation Site, & South Fork
Mitigation Site
Bank Sponsor: Wildlands Holdings IV, LLC
USACE Action ID No. SAW-2016-00219 / SAW-2016-02365 / SAW-2016-02364
Permittee: Epcon Communities, Inc.
Stream Credits Needed: 806.00 LF
Stream Credits Available: 898.17 LF
Cape Fear 03030002 River Basin
Dear Mr. Kemp,
Wildlands Holdings IV, LLC currently has sufficient stream credits from the Cane Creek Umbrella
Mitigation Bank: UT to Pine Hill Branch Mitigation Site, Bethel Branch Mitigation Site, & South Fork
Mitigation Site to satisfy the stream mitigation requirements related to the above -mentioned project.
The project is located within the Cape Fear River Basin of the service area (HUC 03030002) of the Bank.
This letter is simply a statement of availability of credits as of the date written. Although current
inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first
serve basis. An invoice for this transaction will be sent upon your request and we will formally reserve
both the credits and price quoted for a period of 30 days from the invoice at no cost.
Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer Form within
the 404 permit.
We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at
[phone] x124 [e-mail] if you have any questions or need any additional
information.
Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

WILDL4NDS
HOLDINGS
Sincerely,
Ashley N. Yarsinske
Wildlands Engineering, Inc.
Marketing & Credit Sales
[e-mail]
0: [phone] ext. 124
M: [phone]
Cc: Mr. Camden Brunick, Environmental Consultant I Soil & Environmental Consultants, PA
Mr. James Lastinger I USACE, Raleigh Regulatory Office
Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
TIM BAUMGARTNER
Director
Michael Kemp
Epcon Communities, Inc.
119 Weston Parkway
Cary, NC 27513
Project: Courtyards at Southerland
NORTH CAROLINA
Environmental Quality
July 13, 2021
Expiration of Acceptance: 1/13/2022
County: Wake
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Cape Fear
03030002
Riparian Wetland
0.45
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely, //_V�d�
FOR James. B Stanfill
Asset Management Supervisor
cc: Debbie E. Shirley, agent
D Q'North Carolina Department of Environmental Quality I Division of Mitigation Services
P217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
�+oRrw crww.i+va i
daft /'� 919.707.8976

To:
Soil & Environmental Consultants, PA
8412 falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • lax: [919) 846-9467
sandec.com
U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
January 21, 2021
S&EC Project No: 13081.W9
Re: Online Project Review Request, Southerland Property, Cary - Wake, North Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office's online project
review process and have followed all guidance and instructions in completing the review. We completed
our review January 21, 2021 and are submitting our project review package in accordance with the
instructions for further review.
Our proposed action consists of. A planned residential development that is proposing impacts to wetlands
and streams.
The location of the project and the action area are identified on the enclosed maps.
Southerland Property (35.798985,-78.917107). The site is located at 9716 Morrisville Parkway, Cary —
Wake County, North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 18, 2022.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 29.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at [e-mail]
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Specialist, Wetlands Department
Enclosures:
1. Project Request Review Package 6. FWS Official Species List
2. S&EC T&E Species Report 7. NIP Report
3. Vicinity Maps 8. FWS Species Conclusion Table
4. S&EC Photo Report 9. FWS Self -Certification Letter
5. Overall Site Plan

Environmental Consultants,
8412 falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone
sandcc. com
January 21, 2021
S&EC ProjectNo.: 13081.W9
To: Epcon Communities, Inc.
Attn: Michael Kemp
119 Weston Parkway
Cary, NC 27513
Re: THREATENED & ENDANGERED SPECIES REPORT
Southerland Property (+/- 61 acres)
9716 Morrisville Parkway, Cary, Wake County, NC
Michael Kemp:
On January 21, 2021, Soil & Environmental Consultants, PA (S&EC) evaluated the Southerland
Property project shown on the attached maps for potential endangered species. The property is located at
9716 Morrisville Parkway in Wake County, NC. Surface waters onsite flow into Indian Creek in the
Cape Fear River Basin, which has been classified in the "Classification and NC DWQ Standards
Applicable to Surface Waters and Wetlands of North Carolina" as WS-IV;NSW.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types and looking for evidence of the listed species onsite. This survey did
not include any detailed sampling or netting. The results of the search are discussed below.
Southerland Property - S&EC Threatened & Endangered Species Report
Page 1 of 5

January 21, 2021
S&EC Project #13081.W9
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Red -cockaded Woodpecker (Picoides borealis), Endangered
• Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened
• Michaux's Sumac (Rhus michauxii), Endangered
Of the species identified on the official species list, the NHP report did not identify any Federally
threatened or endangered species within the project area or within 1 mile of the project area. Other
State listed species were found within the project area as listed in the attached NHP report. The NHP
Report Identified zero natural areas and seven managed areas within the project area or within I mile
of the project area. These are listed out in the attached NHP Report.
RED -COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and
individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual
RCWs within the project area. The NHP report did not list any known elemental occurrence within the
project area or within 1 mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine
forests) within the project area. The Loblolly pine stands onsite are too young (± 30 years old) to be
considered suitable habitat. Given the lack of species present, and no presence of suitable habitat we
concluded that the project would have "No effect' on RCWs.
ATLANTIC PIGTOE (Fusconaia masom):
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the
Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of mussels).
The NHP report did not list any known elemental occurrence within the project area or within 1 mile of
the site. The suitable habitat for this species consists of medium sized creeks to large rivers with
excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate
to high flowing water. While we did not specifically sample for the species, we also did not find any
evidence of the species while conducting our preliminary surveys of the streams for potential suitable
habitat.
Southerland Property - S&EC Threatened & Endangered Species Report
Page 2 of 5

January 21, 2021
S&EC Project #13081.W9
Our preliminary survey concluded that potential suitable habitat does not exist onsite. The perennial
streams were +/-4 feet wide with low baseflow and had a sandy gravel substrate. Additionally, the
intermittent streams onsite did not have suitable habitat. Due to these observations we have concluded
that the project would have "No effect" on the Atlantic Pigtoe.
NHCHAUX'S SUMAC (Rhus michauxia):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. The NHP
report did not list any known elemental occurrence within the project area. We found suitable habitat
within the project areas to include primarily disturbed open areas along pond edges, sewer easements,
and roads. It should be noted that this preliminary survey was done outside of the optimal survey
window (May -October). While we did not find any Michaux's Sumac plants within the project area,
our survey was conducted outside of the optimal survey window and as suitable habitat was found it
is possible that Michaux's Sumac exists and therefore we concluded the project would "May affect"
Michaux's Sumac. We recommend consulting with the USFWS and/or conducting follow up surveys
within the optimal survey window.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests onsite or within 1 mile
of the site. Given the lack of species present, we have concluded that the project is "Unlikely to disturb
nesting bald eagles ". We believe no Eagle Act Permit is required.
NORTHERN LONG-EARED BAT (Myotis septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB's) within the project area. During our survey, we found no induvial species. Due to
the nature of the project being residential development, we concluded that the project would "May
affect, but not likely to adversely affect" NLEB's.
Southerland Property - S&EC Threatened & Endangered Species Report
Page 3 of 5

January 21, 2021
S&EC Project #13081.W9
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the
FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely
to adversely affect a portion of the federally listed endangered or threatened species, their formally
designated critical habitat, or species currently proposed for listing under the Endangered Species
Act (ESA). However, as suitable habitat exists on site for Michaux's Sumac the USFWS should be
consulted to determine if surveys need to occur during the optimal survey windows for Michaux's
Sumac to ensure that no plants exist within the disturbed limits of the project. We strongly
recommend requesting a concurrence letter from the FWS.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Specialist, Wetlands Department
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. January 15, 2021.
6. NHP report re: Southerland Property. January 15, 2021.
7. S&EC — FWS Species Conclusion Table. January 21, 2021.
8. S&EC — FWS Self -Certification Letter. January 21, 2021.
Southerland Property - S&EC Threatened & Endangered Species Report
Page 4 of 5

January 21, 2021
S&EC Project #13081.W9
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masonz). Version
1.2. March, 2017. Atlanta, GA.
-U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.
-U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis)
Second Revision. Atlanta GA 316 pp.
Southerland Property - S&EC Threatened & Endangered Species Report
Page 5 of 5

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Consultation Code: 04EN2000-2021-SLI-0515
Event Code: 04EN2000-2021-E-01107
Project Name: Southerland Property
January 15, 2021
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

01/15/2021 Event Code: 04EN2000-2021-E-01107 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/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratoDLbirds/CurrentBirdlssues/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 atjohn—[e-mail].

01/15/2021 Event Code: 04EN2000-2021-E-01107
Attachment(s):
• Official Species List

01/15/2021 Event Code: 04EN2000-2021-E-01107
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

01/15/2021 Event Code: 04EN2000-2021-E-01107 2
Project Summary
Consultation Code: 04EN2000-2021-SLI-0515
Event Code: 04EN2000-2021-E-01107
Project Name: Southerland Property
Project Type: DEVELOPMENT
Project Description: This project is a proposed residential development located at 9716
Morrisville Parkway in Cary, NC. It is approximately 61 acres.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.80081035,-78!91819993595215,14z
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Counties: Wake County, North Carolina
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01/15/2021 Event Code: 04EN2000-2021-E-01107 3
Endangered Species Act Species
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME STATUS
Red -cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
Clams
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni
Proposed
There is proposed critical habitat for this species. The location of the critical habitat is not
Threatened
available.
Species profile: https:Hecos.fws.gov/ecp/species/5164
Flowering Plants
NAME
STATUS
Michaux's Sumac Rhus michauxii
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

MEN Roy Cooper. Governor
•s ; NC DEPARTMENT OF Susi Hamilton, Secretary
■■ ■■ NATURAL AND CULTURAL RESOURCES
013
0 Walter Clark, director, Land and Water Stewardship
NCNHDE-13734
January 15, 2021
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Southerland Property
Dear Robert Zarzecki:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://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 rod ney.butlerCo�ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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H

T OF F1euSERVICH
N 20 United States Department of the Interior
a
9 FISH AND WILDLIFE SERVICE, F�F
��RCH 3 fah
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: 01 /21 /2021
Self -Certification Letter
Project Name `Sutherland Property
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
"no effect" determinations for proposed/listed species and/or
❑✓ proposed/designated critical habitat; and/or
❑✓ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
❑✓ "no Eagle Act permit required" determinations for eagles.

Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the "no effect" or
"not likely to adversely affect" determinations for proposed and listed species and
proposed and designated critical habitat; the "may affect" determination for Northern
long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleigh(c,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

Camden Brunick
From: Ellis, John <[e-mail]>
Sent: Monday, March 1, 2021 4:39 PM
To: Mason Montgomery; Mann, Leigh
Subject: Re: DUE DATE: FEBRUARY 18, 2021 Fw: [EXTERNAL] Southerland T&E Submittal
Yes
John
From: Mason Montgomery <[e-mail]>
Sent: Monday, March 1, 2021 2:37 PM
To: Ellis, John <[e-mail]>
Subject: RE: DUE DATE: FEBRUARY 18, 2021 Fw: [EXTERNAL] Southerland T&E Submittal
John,
Does the service concur with the remaining determinations?
Thanks,
Mason
From: Ellis, John <[e-mail]>
Sent: Tuesday, February 9, 2021 3:27 PM
To: Mason Montgomery <[e-mail]>; Mann, Leigh <[e-mail]>; Suiter, Dale
<da le_su ite [e-mail]>
Subject: Fw: DUE DATE: FEBRUARY 18, 2021 Fw: [EXTERNAL] Southerland T&E Submittal
Mason,
The Service recommends that surveys be conducted for Michaux's sumac during the appropriate survey
window. Without the information and a "may affect" determination, formal consultation could be
complicated.
Thanks
John
From: Mann, Leigh <leigh [e-mail]> on behalf of Raleigh, FW4 <[e-mail]>
Sent: Monday, February 1, 2021 9:57 AM
To: Ellis, John <iohn [e-mail]>
Subject: DUE DATE: FEBRUARY 18, 2021 Fw: [EXTERNAL] Southerland T&E Submittal

From: Mason Montgomery <[e-mail]>
Sent: Monday, February 1, 2021 2:26 PM
To: Raleigh, FW4 <[e-mail]>
Cc: Deborah Shirley <[e-mail]>
Subject: [EXTERNAL] Southerland T&E Submittal
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
Hello,
Attached is the Threatened and Endangered species report for the Southerland Property located in Cary — Wake County,
NC. S&EC is submitting for concurrence. Please let me know if any additional information is required when making the
determinations.
Thank you,
Mason L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
NA Please consider the environment before printing this email.

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D# * 20210108
Version* 1
Regional Office * Central Office - [phone]
Reviewer List* Rick Trone
Pre -Filing Meeting Request submitted 1/15/2021
Contact Name* Deborah Shirley
Contact Email Address* [e-mail]
Project Name* Southerland Property
Project Owner* Epcon Communities, Inc. (Attn: Michael Kemp)
Project County* Wake
Owner Address: Street Address
119 Weston Parkway
Address Line 2
aty State / Province / Region
Cary NC
Postal / Zip axle Country
27513 USA
Is this a transportation project?* 0 Yes r No
Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - F 401 Water Quality Certification
Regular Express
F- Individual Permit F- Modification
F 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?
Stephanie Goss
Please give a brief project description below.*
This project is a proposed residential development located at 9708,
9716 & 9648 Morrisville Parkway in Cary, NC. The site is
approArnately 61 acres and is located in the Cape Fear River Basin.
There are current proposed stream impacts as well as possible
wetland impacts. The property is predominantly wooded land with
residential structures on the east side adjacent to Morrisville Parkway

Please give a couple of dates you are available for a meeting.
1 /18/2021
1 /19/2021
1 /20/2021
1 /21 /2021
1 /22/2021
Please attach the documentation you would like to have the meeting about.
004 2.0 Overall Subdivision Plan.pdf 1.51VIB
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.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
1 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
t:W,-a 4vweao S4-,v *
Submittal Date 1/15/2021