20211827 Ver 1_Bexford SD - ePCN Deliverables_20211214

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5410 Trinity Road P 919.866.4951
Suite
102 F919.859.5663
TIMMONS GROUP Raleigh, NC 27607 vwwvtimmons.com
December 14, 2021
Lyle Phillips
U.S. Army Corps of Engineers — Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Colleen Cohn
401 & Buffer Permitting Branch
NCDEQ — Division of Water Resources
3800 Barrett Drive
Raleigh, NC 27609
Re: Electronic Pre -Construction Notification Attachments
Bexford Subdivision
Fuquay-Varina, Wake County, North Carolina
Project No.: 49375
Dear Mr. Phillips and Ms. Cohn,
On behalf of Bateman Civil Survey Company, we are providing additional attachments and
information to aid in the review of the electronic Pre -Construction Notification of the Bexford
Subdivision project, an approximately 98.8-acre site located at 6490 Hilltop Road in Fuquay-
Varina, North Carolina, within Wake County (the Site).
Please review the below attachments and contact Matt Michel at [phone] or
matt.michel(cD-timmons.com if additional information is required.
Sincerely,
Timmons Group
Kate Hefner, WPIT
Environmental Scientist I
I_
Matt Michel, PWS, PhD
Senior Environmental Scientist
ENGINEERING I DESIGN I TECHNOLOGY

Enclosures
ATTACHMENTS
Appendix A Figure 1 — Vicinity Map
Figure 5 — NRCS Soil Survey Map
Appendix B Agent Authorization Form
Preliminary Jurisdictional Determination Letter
Buffer Determination Letter
Appendix C Environmental Impacts Set
Appendix D Mitigation Statement of Availability
Appendix E Threatened and Endangered Species Survey — S&EC
Appendix F SHPO Map and List

Appendix A

Path: Y:\805\49375 - Bexford\GIS\49375-JD-VIC.mxd
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A Site Limits
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ARCCL�
Site limits are approximate.
Topographic imagery from USGS.
0 1,000 2,000 3,000 4,000
Feet
WAKE COUBNEX ORTRHDCAROLINA TIMMONS GROUPTY, •' �,��
FIGURE 1: VICINITY MAP YOUR VISION ACHIEVED THROUGH OURS.
TIMMONS GROUP JOB NUMBER:49375 U.S.G.S. QUADRANGLE(S):ANGIER
PROJECT STUDY LIMITS: 98.8ACRES DATE(S):2019
LATITUDE: 35.597670 WATERSHED(S):UPPER NEUSE (NEUSE RIVER BASIN)
LONGITUDE:-78.716519 HYDROLOGIC UNIT CODE(S):03020201
These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to constructionbiddingand/or construction staking without the exnress written consent of TIMMONS GROUP.

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Site Limits
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Site limits are approximate.
Soils data from NRCS Web Soil Survey (Wake County, 1970) ir
0 500 1,000 1.500 2,000 B
Feet
WAKE COUBNEX ORTRHDCAROLINA T I M M O N S GROUPTY,
FIGURE 5: NRCS SOIL SURVEY MAP YOUR VISION ACHIEVED THROUGH OURS.
TIMMONS GROUP JOB NUMBER:49375 U.S.G.S. QUADRANGLE(S):ANGIER
PROJECT STUDY LIMITS: 98.8ACRES DATE(S):2019
LATITUDE: 35.597670 WATERSHED(S):UPPER NEUSE (NEUSE RIVER BASIN)
LONGITUDE:-78.716519 HYDROLOGIC UNIT CODE(S):03020201
These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to construction, bidding, and/or construction staking without the express written consent of TIM MONS GROUP.

Appendix B

TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
AGENT AUTHORIZATION and
PROPERTY OWNER CERTIFICATION FORM
All Blanks to be Filled in by urrent 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
J, 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 day of ,aLet— , 20,QL.
(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: Bexfora
Parcel ID. 0687425609
Site Address: 6490 Hilltop Road, Fuquay-Varina, NC
Property Owner's Name I
:Zrre V0,Lt_L k -
Fish, Trustee of the James William Fish Trust
Property Owner's Signature:
Property Owner's Mailing
Address: 841 Madison Ave, Cary, NC 27513
Property Owner's I //�� r� / Fax
Telephone: �! ��I�pVp 260 No.
Property Owner's � � � r ..-. � � ----
Email Address: V1 � j (� vl l sok , h
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The Department of the Army
US Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402-1890
To Whom It May Concern:
TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
AGENT AUTHORIZATION
All Blanks to be Filled in by Applicant
NCDEQ — Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
I, the undersigned, current applicant 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 14 day of September 20 21
(number) (Month) (Year)
This notification supersedes any previous correspondence concerning the agent for this project.
Project Name: Bexford
Applicant Name (Print)
Applicant Signature:
Applicant Mailing Address
Applicant 919-200-7563
Telephone:
Applicant Email
Address:
Karl Beyer
CQD��7--
7208 Falls of Neuse rd Suite
201 Raleigh NC 27615
Fax
No.
karl.beyer@)terramorhomes.com
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-02335 County: Wake U.S.G.S. Quad: NC- Angier
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Environmental Services, Inc.
Robert Turnbull
Address:
4901 Trademark Drive
Raleigh, NC 27610
Telephone Number:
919-617-9153
E-mail:
rturnbull(a)csinc.cc
Size (acres) 82 Nearest Town Fuguay Varina
Nearest Waterway Middle Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.5977
Longitude:-78.7176
Location description: The project site is approximately 82 acres located adiacent to Hilltop Road, near the town of Funuav
Varina, Wake County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once

SAW-2019-02335
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact James Lastinger at 919-554-4884 ext 32 or
James.C.Lastint!er(&usace. army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 02/19/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 02/19/2020 Expiration Date of JD: Not applicable

SAW-2019-02335
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Property Owner:
Vivian Fish
Address: 841 Madison Ave
Cary, NC 27513
Telephone Number: 919-608-8669
E-mail: vivianfish(&bellsouth.net

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Environmental Services, Inc., Robert
File Number: SAW-2019-02335
Date: 02/19/2020
Turnbull
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoiyProaramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Admimistrativc Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: James Lastinger
CESAD-PDO
Raleigh Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
3331 Heritage Trade Drive, Suite 105
Atlanta, Georgia 30303-8801
Wake Forest, North Carolina 27587
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunit to participate in all site my-csti ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, , 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 02/19/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Environmental Services, Inc., Robert
Turnbull, 4901 Trademark Drive, Raleigh, NC 27610
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Fish Property, SAW-2019-
02335
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 82
acres located adjacent to Hilltop Road, near the town of Fuquay Varina, Wake County, North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Wake City: Fuquay Varina
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.5977 Longitude:-78.7176
Universal Transverse Mercator:
Name of nearest waterbody: Middle Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
®Field Determination. Date(s): February 4, 2020
TABLE OF AQUATIC RESOURCES IN REVIEWAREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated
amount of
aquatic
resources in
review area
(acreage and
linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs.
non -wetland
waters)
Geographic authority to
which the aquatic
resource "may be"
subject (i.e., Section 404
or Section 10/404)
SA
35.59890000
-78.71490000
967 LF
Non -wetland
Section 404
SB
35.59890000
-78.71150000
46 LF
Non -wetland
Section 404
SC
35.59890000
-78.71160000
115 LF
Non -wetland
Section 404
SDA
35.59660000
-78.71100000
197 LF
Non -wetland
Section 404
SDB
35.59680000
-78.71110000
769 LF
Non -wetland
Section 404
SE
35.59730000
-78.71230000
890 LF
Non -wetland
Section 404
WA
35.59790000
-78.71650000
0.1 acre
Wetland
Section 404
WB
35.59830000
-78.71570000
4.1 acres
Wetland
Section 404
WC
35.59890000
-78.71160000
0.1 acre
Wetland
Section 404
WD
35.59880000
-78.71570000
0.1 acre
Wetland
Section 404
WE
35.59710000
-78.71160000
2.4 acres
Wetland
Section 404
WF
35.59650000
-78.71220000
0.3 acre
Wetland
Section 404
WG
35.59880000
-78.72190000
0.1 acre
Wetland
Section 404
WH
35.59880000
-78.72110000
0.1 acre
Wetland
Section 404
WI
35.59750000
-78.72080000
0.5 acre
Wetland
Section 404
WJ
35.60010000
-78.72180000
0.1 acre
Wetland
Section 404
PA
35.5981
-78.7165
0.1 acre
Non -wetland
Section 404
PB
35.5985
-78.7117
1.0 acre
Non -wetland
Section 404
PC
35.5984
-78.7216
2 acres
Non -wetland
Section 404

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AID before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: see attached may dated February 2020
®Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
®Office concurs with data sheets/delineation report.
❑ Office does not concurwith data sheets/delineation report. Rationale:
❑Data sheets prepared by the Corps:
❑Corps navigable waters' study:
®U.S. Geological Survey Hydrologic Atlas:
®USGS NHD data:
❑USGS 8 and 12 digit HUC maps:
® U.S. Geological Survey map(s). Cite scale & quad name: Angier Quad
®Natural Resources Conservation Service Soil Survey. Citation: Wake County 1970
® National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): undated
or ❑ Other (Name & Date):
❑Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarilv been verified by the Corps
and should not be relied upon for later iurisdictional determinations.
Signature and date of Regulatory
staff member completing PJD
02/19/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
The James William Fish Trust
Bateman Civil Survey Company
2524 Reliance Avenue
Apex, NC 27539
Determination Type:
NORTH CAROLINA
Environmental Quality
December 23, 2019
Buffer I intermittent/Perennial
® Neuse (15A NCAC 2B .0233)
❑ Tar -Pamlico (15A NCAC 2B .0259)
❑ Jordan (15A NCAC 2B .0267)
(governmental and/or interjurisdictional
projects)
Project Name: 6490 Hilltop Road
Subject: Buffer Determination Letter
RRO # 19-426
Determination date: 12/16/2019
Staff. Brion Byers
waKe
❑ Intermittent/Perennial Determination (where local buffer
ordinances apply)
Address/Location: 6490 Hilltop Road, Fuauay-Varina, NC
Stream(s): Terrible Creek
Feature
E/IV)
Not
Subject(2)
Subject
Start@
Stop@
Soil
Survey
USGS
To o
Feature A
NA
X
Not Present
X
Feature B
NA
X
Not Present
X
Feature SA
I
X
Approxiamtely
N35.598710
W78.71520°
Off Property
X
X
Feature SB
I
X
Feature PB
Off Property
X
X
Feature SD
I
X
Off Property
Feature PB
X
Feature SE
I
X
Approxiamtely
N35.59672°
W78.71234°
Feature SD
X
Feature PA
NA
X
See Maps
X
Feature PB
NA
X
See Maps
X
X
Feature PC
1 E-E
NA
X
See Maps
X +—
X
O - phemeral, 1=Intermittent, P=Perennial, NP=Not Present, NA=Not applicable
(2) Refers to riparian buffer rules only. Stream, wetland, or pond impacts may still be subject to applicable water quality standards and
permitting requirements.
D�.,_ North Carolina Department of Environmental Quality I Division of Water Resources
EQ Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
rH
""°' °"""'a"" 11 ' 919.791.4200

Buffer Determination Letter
RRO #19-426
6490 Hilltop Road
December 23, 2019
Page 2 of 2
Explanation: The features(s) listed above has been located on the most recent published NRCS Soil Survey of Wake
County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each
feature that is checked "Not Subject" has been determined to not be at least intermittent or is not present. Streams
that are checked "Subject' have been located on the property and possess characteristics that qualify it to be at least
an intermittent stream. There may be other features located on the property that do not show up on the maps
referenced above but may be considered jurisdictional according to the US Army Corps of Engineers.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director 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.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Brion Byers at [phone], or by
email at brion.byers ,ncdenr.gov.
Sincerely,
6(_Z�me
Scott Vinson, Re ional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: RRO DWR File Copy
Kevin Murry, Environmental Services, Inc., sent via email ([e-mail])
RIE Q North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
D.Pvbnen1 °' "_w "°"ity� 919.791.4200

6490 Hilltop Road
Wake County, NC-DWR Project # 19-426
NRCS Soil Survey Sheet 99��Ea
Wake Co., NC 1970 Locations are approximate
Legend: and are provided for refer-
ence only
-Project Boundary Q "�� ;�

6490 Hilltop Road
Wake County, NC-DWR Project # 19-426
Feature SA
r
USGS Topographical Map
� „a SiA7F a
Angier Quadrangle 2019 �+ l�yy Locations are approximate
Legend: and are provided for refer-
ence only:: U U
-Project Boundary Q ��

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Appendix D

HWILD
oiNGsOO
Wetland Mitigation Statement of Availability
December 13, 2021
Terramore Homes
c/o Karl Beyer
7208 Falls of Neuse Rd, Suite 201
Raleigh, NC 27615
RE: Availability of Riparian Wetland Credits for the `Rexford Subdivision" project
Bank Name: Falling Creek Umbrella Mitigation Banking Instrument
Bank Site: McClenny Acres II Mitigation Site
Bank Sponsor: Wildlands Holdings III, LLC
USACE Action ID No. SAW-2017-02527
Riparian Wetland Credits Needed: 0.83 acres
Riparian Wetland Credits Available: 5.17 acres
Neuse 03020201 River Basin
Dear Mr. Beyer,
Wildlands Holdings III, LLC has the above -mentioned riparian wetland credits from the Falling Creek
Umbrella Mitigation Banking Instrument: McClenny Acres II Mitigation Site to satisfy the mitigation
requirements related to the above -mentioned project. The project is located within the service area
(HUC 03020201) of the Bank.
Credits may be reserved for a period of 6 months upon the receipt of a non-refundable deposit of 10%
of the purchase price. Should credits not be reserved, they will be sold on a first come, first serve basis.
Credit prices will be guaranteed for a period of 6 months from the date of this letter and are then
subject to change.
An invoice for this transaction will be sent upon your request and we will reserve the credits and price
for a period of 30 days from invoice. This letter is a Statement of Availability as of the date provided — it
is not a reservation of credits nor a guarantee of price. Credits will be sold on a first come, first serve
basis.
Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer Form within
the completed 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 III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

HWILD
oiNGsOO
Sincerely,
Ashley N. Yarsinske
Wildlands Engineering, Inc.
Marketing & Credit Sales
[e-mail]
0: [phone] ext. 124
M: [phone]
Cc: Ms. Sydni Law, WPIT, Environmental Scientist I TIMMONS GROUP
Mr. Lyle Phillips, Project Manager I USACE
Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

Appendix E

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; [phone]
sandec.com
To: U.S. Fish and Wildlife Service September 8, 2021
Raleigh Field Office S&EC Project No: 14866.W1
P.O. Box 33726
Raleigh, NC 27636-3726
Re: Online Project Review Request, Bexford Hilltop, Fuquay-Varina — Wake County, North
Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office's online project
review process and have followed all guidance and instructions in completing the review. We completed
our review September 8, 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.
Bexford Hilltop (35.598263,-78.717755). The site is located at 6490 Hilltop Road, Fuquay-Varina —
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 15, 2026.
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 Scientist, 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

Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: (919) 841h-9467
sandec.com
September 8, 2021
S&EC Project No.: 14866.W1
To: Terramor Homes
Attn: Jonathan Holtvedt
7208 Falls of Neuse Road Suite 201
Raleigh, NC 27615
Re: THREATENED & ENDANGERED SPECIES REPORT
Bexford Hilltop (+/- 82.5 acres)
6490 Hilltop Road, Fuquay-Varina, Wake County, NC
Dear Mr. Holtvedt:
On August 11, 2021, Soil & Environmental Consultants, PA (S&EC) evaluated the Bexford Hilltop
project shown on the attached maps for potential endangered species. The property is located at 6490
Hilltop Road in Wake County, NC. Surface waters on -site flow into Terrible Creek in the Neuse River
Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface
Waters and Wetlands of North Carolina" as C; NSW.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types, and looking for evidence of the listed species on -site. This survey
did not include any detailed sampling or netting. The results of the search are discussed below.
Bexford Hilltop - S&EC Threatened & Endangered Species Report
Page 1 of 6

September 8, 2021
S&EC Project #14866.W1
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Red -cockaded Woodpecker (Picoides borealis) , Endangered
• Neuse River Waterdog (Necturus lewisl) , Proposed Threatened
• Carolina Madtom (Noturus furiosus) , Proposed Endangered
• Atlantic Pigtoe (Fusconaia masons), Proposed Threatened
• Dwarf Wedgemussel (Alasmidonta heterodon) , Endangered
• Yellow Lance (Elliptio lanceolata) , Threatened
• Michaux's Sumac (Rhus michauxil) , 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 one 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 two managed areas within the project area or within one 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 one mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine
forests) within the project area. The Loblolly pine stands on -site are too young (± 20 years old) to be
considered suitable habitat. Given the lack of species present, and no presence of suitable habitat we
concluded that the project would have "No effect" on RCWs.
NEUSE RIVER WATERDOG (Necturus lewisrl:
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the
project area or within one mile of the site. This species is found in the Neuse River and Tar River
basins. The suitable habitat this species is found in is typically medium to large streams and rivers with
a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and
Bexford Hilltop - S&EC Threatened & Endangered Species Report
Page 2 of 6

September 8, 2021
S&EC Project #14866.W1
pools. While we did not specifically sample for the species, we also did not find any evidence of the
species while conducting our preliminary surveys of the streams for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The streams on -
site were +/-4 feet wide with medium to no baseflow and had a sandy gravel substrate. Due to these
observations, we have concluded that the project would have "No effect" on the Neuse River
Waterdog.
CAROLINA MADTOM (Noturus furiosus):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Carolina Madtom (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable
habitat this species is found in is also medium to large streams and rivers with a moderate gradient and
large bed material. The Carolina Madtom also needs continuous year-round flow and cover for nesting
habitat. While we did not specifically sample for the species, we also did not find any evidence of the
species while conducting our preliminary surveys of the streams for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The streams on -
site were +/-4 feet wide with medium to no baseflow and had a sandy gravel substrate. Due to these
observations, we have concluded that the project would have "No effect" on the Carolina Madtom.
ATLANTIC PIGTOE (Fusconaia masoni):
S&EC personnel conducted preliminary surveys of the streams on -site 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 one 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.
Bexford Hilltop - S&EC Threatened & Endangered Species Report
Page 3 of 6

September 8, 2021
S&EC Project #14866.W1
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The streams on -
site were +/-4 feet wide with medium to no baseflow and had a sandy gravel substrate. Due to these
observations, we have concluded that the project would have "No effect" on the Atlantic Pigtoe.
DWARF WEDGEMUSSEL (Alasmidonta heterodon):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. The Dwarf Wedgemussel has little to no preference for stream size, flow
condition or bed material. Based on guidance from the USFWS staff, only 2nd order and larger perennial
streams are considered suitable habitat. While we did not conduct detailed mussel surveys, no mussels
(of any species) were observed during the preliminary suitable habitat survey.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The streams on
site were +/-4 feet wide with medium to no baseflow and had a sandy gravel substrate. Due to these
observations, we have concluded that the project would have "No effect" on the Dwarf Wedgemussel.
YELLOW LANCE (Elliptio lanceolata):
S&EC personnel conducted preliminary surveys of the streams on site for potential suitable habitat for
the Yellow Lance (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 one mile of the site. The suitable habitat for this species consists of medium sized rivers and
small creeks with excellent water quality. This species typically lives in streams clean, coarse sand, and
gravel with moderate to high flowing water. While we did not specifically sample for the species, we
also did not find any evidence of the species while conducting our preliminary surveys of the streams
for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The streams on -
site were +/-4 feet wide with medium to no baseflow and had a sandy gravel substrate. Due to these
observations, we have concluded that the project would have "No effect" on the Yellow Lance.
Bexford Hilltop - S&EC Threatened & Endangered Species Report
Page 4 of 6

September 8, 2021
S&EC Project #14866.W1
MICHAUX'S SUMAC Whys michauxii):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux's sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux's Sumac species within the project area. The NHP report
did not list any known elemental occurrence within the project area. We found suitable habitat within
the project areas to include primarily disturbed open areas along field edges, roads, paths, and pond
edges. Other sumac species identified on -site included Winged sumac (Rhus copallinum). Given the
lack of species present within the areas believed to be suitable habitat, we concluded that the project
would have "No effect" on Michaux's sumac.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests on -site or within one
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 individual species.
Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the
Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific
section 7 responsibilities." Due to the nature of the project being residential development, we
concluded that the project would "May affect, but not likely to adversely affect" NLEB's.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the FWS
in their conclusion letters, we have concluded that it appears the proposed project is not likely to
adversely affect any federally listed endangered or threatened species, their formally designated
Bexford Hilltop - S&EC Threatened & Endangered Species Report
Page 5 of 6

September 8, 2021
S&EC Project #14866.W1
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. Overall Site Plan
6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. August 9, 2021.
7. NHP report: August 9, 2021.
8. S&EC — FWS Species Conclusion Table. September 8, 2021.
9. S&EC — FWS Self -Certification Letter. September 8, 2021.
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 masons). Version
1.2. March 2017. Atlanta, GA.
-U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.
-U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis)
Second Revision. Atlanta GA 316 pp.
-U.S. Fish and Wildlife Service/ Southeast Region. 2019. Carolina Madtom. Species Profile.
https://www.fws.gov/southeast/wildlife/fishes/Carolina-madtom/.
- U.S. Fish and Wildlife Service/ Southeast Region. 2019. Neuse River Waterdog... Species Profile.
https: //www.fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/
Bexford Hilltop — S&EC Threatened & Endangered Species Report
Page 6 of 6

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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-1726
Event Code: 04EN2000-2021-E-03713
Project Name: Bexford Hilltop
August 09, 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

08/09/2021 Event Code: 04EN2000-2021-E-03713 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].

08/09/2021 Event Code: 04EN2000-2021-E-03713
Attachment(s):
• Official Species List

08/09/2021 Event Code: 04EN2000-2021-E-03713
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

08/09/2021
Event Code: 04EN2000-2021-E-03713
Project Summary
Consultation Code: 04EN2000-2021-SLI-1726
Event Code: 04EN2000-2021-E-03713
Project Name: Bexford Hilltop
Project Type: DEVELOPMENT
Project Description: This project is located at 6490 Hilltop Road in Fuquay-Varina, NC. This
site is approximately 95 acres.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/(a)35.59817435,-78,71370929659096,14z
Counties: Wake County, North Carolina

08/09/2021 Event Code: 04EN2000-2021-E-03713 3
Endangered Species Act Species
There is a total of 7 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
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
Amphibians
NAME STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/6772
Fishes
NAME
STATUS
Carolina Madtom Noturus furiosus Endangered
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/528

08/09/2021 Event Code: 04EN2000-2021-E-03713 4
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
Dwarf Wedgemussel Alasmidonta heterodon
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/784
Yellow Lance Elliptio lanceolata
Threatened
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/4511
Flowering Plants
NAME
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
STATUS
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

■morn
NC DEPARTMENT OF
■ti.{ ■n NATURAL_ AND CULTURAL RESOURCES
■ ■Z■
August 9, 2021
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Bexford Hilltop; 14866.W1
Dear Robert Zarzecki:
Rey Cooper, Governor
D. Reid Wilson, 5eeretary
Waiter Clark
Director, Division of land and Water Stewardship
NCNHDE-15355
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 rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAIL SERVICE CENTER. PALEIGW. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9121

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apP��,ENT OF' Tye, E IN
nKLI ak rWILDLIFE
N yo United States Department of the Interior
FISH AND WILDLIFE SERVICE
ch s,
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:
September 8, 2021
Self -Certification Letter
Pro] ect NameBexford Hilltop
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
0 "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 Raleighgfws.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

Appendix F

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