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HomeMy WebLinkAbout20221002 Ver 1_ePCN Application_20220722Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes O No Is this project a public transportation project?* OYes 0No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 6/16/2022 BIMS # Assigned* 20221002 Is a payment required for this project?* O No payment required O Fee received O Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review Version#* What amout is owed?* 0 $240.00 O $570.00 Select Project Reviewer* Colleen Cohn:eads\cmcohn la. Name of project: Arabella Townes la. Who is the Primary Contact?* Sean Clark lb. Primary Contact Email:* sclark@sageecological.com Date Submitted 7/22/2022 Nearest Body of Water Richland Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: 36.0214 A. Processing Information Longitude: -78.5069 lc. Primary Contact Phone:* (919)559-1537 County (or Counties) where the project is located: Franklin Is this a NCDMS Project 0Yes ONo Is this project a public transportation project?* 0Yes ONo la. Type(s) of approval sought from the Corps: EI Section 404 Permit (wetlands, streams and waters, Clean Water Act) O Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes O No 1b. What type(s) of permit(s) do you wish to seek authorization? O Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) lc. Has the NWP or GP number been verified by the Corps? 0Yes ®No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: EO 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit 0 Individual 401 Water Quality Certification 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. Is this an after -the -fact permit application?* O Yes O No O 401 Water Quality Certification - Express Op Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No lh. Is the project located in any of NC's twenty coastal counties? O Yes O No 1j. Is the project located in a designated trout watershed? OYes 0No B. Applicant Information 0Yes ONo OYes 0No Id. Who is applying for the permit? 0 Owner EO Applicant (other than owner) le. Is there an Agent/Consultant for this project?* OYes 0No 2. Owner Information 2a. Name(s) on recorded deed: John C Conyers Jr. 2b. Deed book and page no.: DB1590/PG330 2c. Contact Person: John C Conyers Jr. 2d. Address Street Address 230 Fish Stallings Rd Address Line 2 City Youngsville Postal / Zip Code 27596 State / Province / Region NC Country USA 2e. Telephone Number: (919)559-1537 2f. Fax Number: 2g. Email Address:* sclark@sageecological.com 3. Applicant Information (if different from owner) 3a. Name: Nathan Benn 3b. Business Name: Summerfield Investments, LLC 3c. Address Street Address 4801 Glenwood Ave., Ste. 200 Address Line 2 City Raleigh Postal / Zip Code 27612 3d. Telephone Number: (919)559-1537 3f. Email Address:* sclark@sageecological.com 4. Agent/Consultant (if applicable) 4a. Name: Sean Clark 4b. Business Name: Sage Ecological Services, Inc. 4c. Address Street Address 3707 Swift Dr. Address Line 2 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)559-1537 4f. Email Address: * sclark@sageecological.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information lb. Subdivision name: (if appropriate) Arabella Townes lc. Nearest municipality / town: Youngsville 2. Project Identification 2a. Property Identification Number: 1842-56-2932 & 1842-66-1923 2b. Property size: 18.2 2c. Project Address Street Address Fish Stallings Road Address Line 2 City Youngsville Postal / Zip Code 27596 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Richland Creek 3b. Water Resources Classification of nearest receiving water: * C;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010701 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: * The site is comprised of two adjacent parcels which have been subdivided into a single, narrower tract. The original parcels totaled 30.46 acres while the new subdivided parcel totals 18.2. The Site is mostly agricultural fields with some forested area along the drainage on the property. The surrounding land use in the area is a mix of commercial, residential and agricultural. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes O No 0 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: -500 LF 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to construct a residential subdivision and associated infrastructure to meet the demand for housing in this area of Franklin County. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project is to construct a residential development with necessary internal roads and stormwater devices. There are 126 units proposed along with corresponding parking spaces for each unit. The entire proposed development can be constructed without impacts to jurisdictional resources. A UT to Richland Creek is at the very back, southeastern portion of the Site that the developer would prefer not to impact; however, Franklin County requires a connection to the adjacent development. This requirement for interconnectivity results in the need for the proposed stream crossing. Streams are not crossed multiple times by roads. All remaining jurisdictional resources and their associated riparian buffers on the Site have been avoided. Utilities for the proposed project (electricity, water, sewer, etc.) will connect to existing utility lines adjacent to the Site. Heavy equipment typically used for residential construction (e.g., backhoes, bulldozers, excavators, etc.) will be utilized. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* O Yes Comments: No 5b. If the Corps made a jurisdictional determination, what type of determination was made? * O Preliminary O Approved O Not Verified C Unknown iu N/A Corps AID Number: SAW-2022-0311 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Steven Ball, RF, PWS S&EC 0 Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR SAW-2022-0311 (via email) dated 3/10/2022 NBRRO #22-051 dated 04/08/2022 6. Future Project Plans 6a. Is this a phased project?* O Yes O No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands U Streams -tributaries Open Waters O Pond Construction 3. Stream Impacts O Buffers 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Impact 1 Road Crossing Permanent Culvert SA Perennial Both 9 Average (feet) 136 (linear feet) S2 Impact 1 Road Crossing Permanent Rip Rap Fill SA Perennial Both 9 Average (feet) 9 (linear feet) S3 Impact 1 Road Crossing Temporary Dewatering SA Perennial Both 9 Average (feet) 6 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 145 3i. Total stream and ditch impacts: 151 3i. Total temporary stream impacts: 6 3j. Comments: Of the 151 linear feet of permanent impacts, only 136 linear feet account for permanent loss of function to the stream. There will be 9 linear feet of impact associated with a counter sunk rip rap dissipator pad at the outlet of the culvert which while considered a permanent impact, it is not considered a permanent loss of function. The remaining 6 feet of impact are associated with the temporary impacts needed to install impervious dikes and the pump around operation to construct the culvert "in the dry? The dewatering activities will be concurrent with the culvert installation. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. e Neuse O Catawba 0 Goose Creek O Other ❑ Tar -Pamlico O Randleman O Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Impact 1 Road Crossing P SA No 7,786 3,481 Impact 1 Road Crossing T SA No 720 882 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 720.00 Zone 1 7,786.00 Zone 1 8,506.00 Zone 2 882.00 Zone 2 3,481.00 Zone 2 4,363.00 Per 15A NCAC 02B .0714 (9), (10) & (11), the proposed Neuse River Riparian Buffer impacts are "deemed allowable upon authorization." 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: There is only one stream on the Site which the developer was able to avoid in planning for the subdivision. However, Franklin County requires interconnectivity between neighboring developments and therefore, the developer must impact the stream channel with the proposed road crossing. Streams are not crossed multiple times by roads. All other jurisdictional features on the Site have been avoided. Lots were positioned to avoid additional fill and/or impact to streams and their associated buffers. Stormwater outfalls have been designed to minimize impacts to jurisdictional areas. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to provide an additional protection from stormwater runoff. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Silt fencing and sediment basins will be installed to provide additional protection from stormwater runoff. 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? O Yes O No 2c. If yes, mitigation is required by (check all that apply): • DWR [ Corps 2d. If yes, which mitigation option(s) will be used for this project? OO Mitigation bank O Payment to in -lieu fee program O Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Neu -Con Wetland & Stream Umbrella Mitigation Bank - Poplar Creek Site 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 272 3c. Comments See attached Statement of Availability letter 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. O Yes O 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? O Yes O No What type of SCM are you providing? O Level Spreader O Vegetated Conveyance (lower SHWT) 0 Wetland Swale (higher SHWT) OO Other SCM that removes minimum 30% nitrogen O 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?* 0 Yes ® No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)7 0 Yes ® No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local govemment stormwater program? O Yes O N/A - project disturbs < 1 acre 3. Stormwater Requirements O No 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* Stormwater Management Plan 0 Antidegradation Calculations Comments: The Site is within Franklin County, a delegated authority, and therefore the County will review and approve the stormwater management plan for the project. A permanent stormwater basin is proposed for the development. There are no discrete discharges of untreated stormwater through the buffer or to the streams. The applicant requests a conditional 401 approval until the municipality reviews and approves the SMP for the development. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* O Yes O 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)?* O Yes O No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* O Yes O No 3b. If you answered "no," provide a short narrative description. Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative impact" since the project already in a developed landscape (i.e. existing residences and development in the vicinity) and the area already contains the necessary infrastructure (i.e. sewer, water, electricity, etc.). The project drains to Richland Creek, which is Class C; Nutrient Sensitive Waters (NSW), (i.e. not HQW or ORW). We anticipate the NCDWR will advise us if a qualitative or quantitative analysis is needed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* OYes 0No0N/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. The development will connect to existing sewer lines off site. 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?* O Yes J No 5b. Have you checked with the USFWS conceming Endangered Species Act impacts?* Yes • No 5d. Is another Federal agency involved?* O Yes 5e. Is this a DOT project located within Division's 1.8? 0Yes ONo OO No 0 Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S OYes 0No 5g. Does this project involve bridge maintenance or removal? OYes 0No 5h. Does this project involve the construction/installation of a wind turbine(s)?* OYes 0No 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.? 0 Yes ® No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? On July 22, 2022, we received correspondence from NC Natural Heritage Program (NCNHP). Based upon their review, no federally listed T&E species are documented on or within 1.0-mile of the Site. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes •i No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The proposed project is in Franklin County which is not near any coastal or tidal habitat which would support EFH (i.e., salt marshes, oyster reefs, etc.). 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal govemments have designated as having historic or cultural preservation status?* O Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* We reviewed the NC State Historic Preservation Office (NCSHPO) database. The Site is not listed as a historic property or within a historic district. No historic structures were found on the Site. There are eight historic properties listed within 1.0-mile of the Site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* O Yes O No 8c. What source(s) did you use to make the floodplain determination?* FEMA online database: panel 3720184200M, effective on 07/19/2022 Miscellaneous 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. Click the upload button or drag and drop files here to attach document Arabella Townes PCN Supplemental Information Documents Sage Project No. 2022.068.pdf 11.29MB File must be PDF or KMZ Comments Signature vi 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: Nicole J. Thomson Signature fiat t I Amok Date 7/22/2022 ECOLOGICAL SERVICES EST., 2016 July 1, 2022 US Army Corps of Engineers Raleigh Regulatory Office Attn: Ms. April Norton 3331 Heritage Trade Dr., Ste. 105 Wake Forest, NC 27587 Re: Arabella Townes Subdivision Request for NWP 29 and GC 4256 Authorization Sage Project #2022.068 NC Division of Water Resources 401 & Buffer Permitting Unit Attn: Ms. Colleen Cohn 512 N. Salisbury St., Archdale Bldg. 9th Fir Raleigh, NC 27604 On behalf of Summerfields Investments, LLC (applicant), please find attached a complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers (USACE) that the activities associated with the proposed development of the Woodbridge South subdivision (Project) may proceed under Nationwide Permit (NWP) 29 and General Certification 4256 (GC 4256). Project Purpose and Location The purpose of the proposed project is to construct a residential subdivision and associated infrastructure to meet the demand for housing in this area of Franklin County. The site is located off Fish Stallings Road, east of the intersection of Fish Stallings Road and US Highway 1. Project Detail The proposed Project consists of the construction of a residential development with associated utilities and roads. Homes will tie into existing public water systems. Access to the Site will be provided via Fish Stallings Road to the west. Heavy equipment typically used for residential development projects (e.g., backhoes, bulldozers, etc.) will be utilized. No federally threatened or endangered species are listed to occur on the Site according to the NC Natural Heritage Program (NCNHP) Database. (see attached report dated July 22, 2022). The Site itself is not listed as a historic property. There is one study list boundary, the William H. Wall Plantation Outbuildings (WA1666), south of the property. There are seven other properties listed within 1.0 mile of the Site. Project History The Site is comprised of 2 adjacent parcels which have been recombined and subdivided, totaling 18.2 acres. The Site is mostly agricultural fields with some forested area along the drainage on the property. The surrounding land use in the area is a mix of commercial, residential and agricultural. There is one stream on the Site, at the south eastern property boundary. Residential and agricultural properties exist around the Site. Avoidance and Minimization There is only one stream on the Site which the developer was able to avoid in planning for the subdivision. However, Franklin County requires interconnectivity between neighboring developments and therefore, the developer must impact the stream channel with the proposed road crossing. Streams are not crossed multiple times by roads. All other jurisdictional features on the Site have been avoided. Lots were positioned to avoid additional fill and/or impact to streams and their associated buffers. Stormwater outfalls have been designed to minimize impacts to jurisdictional areas. Construction fencing will be used to define the construction corridor and Arabella Townes Subdivision Page 1 of 2 prevent any accidental additional impacts. Silt fencing will be installed to provide an additional protection from stormwater runoff. Project Impacts Impact 1 Culvert 1 is a proposed road crossing and will result in 145 linear feet of permanent stream impact (136 LF for the culvert and 9 LF for a countersunk, rip rap dissipator pad), 6 linear feet of temporary stream impact and 12,869 square feet of Neuse River Riparian Buffer impact - 7,786 sq. ft. Zone 1 & 3,481 sq. ft. Zone 2 permanent impact and 720 sq. ft. Zone 1 & 882 sq. ft. Zone 2 temporary impact. Mitigation Permanent stream impacts are below mitigation thresholds based upon linear footage (136 linear feet of permanent impact), however, they exceed the acreage threshold (0.031 acre of permanent impact). Per 15A NCAC 02B .0714 (9)(10) & (11), the proposed Neuse River Riparian Buffer impacts are either "deemed allowable" or "allowable upon authorization." If you have any questions, please call me at (919) 559-1537. Respectfully submitted: Sage Ecological Services, Inc. Attachments: Pre -construction Notification (PCN) Application Form Agent Authorization Form Figure 1-USGS Site Vicinity Map Figure 2-Soil Survey Site Vicinity Map Figure 4-NCSHPO Map NCNHP Database Report USFWS IPaC Report DWR Buffer Determination Letter (NBRRO #22-052) Post USACE Wetland Sketch Map SAW-2022-00311 PJD Concurrence email Notice of Intent to File Permit Application Impact Maps Neu -Con Stream SOA — Poplar Creek 3)-070,64FK_ Nicole J. Thomson, PWS Sage Ecological Services, Inc. Arabella Townes Subdivision Page 2 of 2 Name: SAGE ECOLOGICAL SERVICES EST. 2016 AGENT AUTHORIZATION FORM All Blanks to Be Filled in By the Current Landowner or Legal Representative Summerfield Investments, LLC 4801 Glenwood Ave, Ste 200 Address: Phone: Raleigh, NC 27612 919.389.6360 nathan@summerfieldinv.com Email: Arabella Townes Project Name/Description: Sage Project # 2022.068 Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: Field Office: Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: I, the undersigned, the owner or a duly authorized representative of record of the property/properties identified herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) 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 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I also hereby designate and authorize Sage Ecological Services 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 notification supersedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Sage staff. Please contact Sage to arrange a meeting prior to visiting�the site. BY: lil Fce;' BY: Print Name of Landowner or ignature of Landowner or Legal Representative Legal Representative Map Location 0 USGS Topographic Map Arrabella Townes Sage Project #2022.068 USGS Topo MapServer, 2021 Grisson, NC Quadrangle Prepared by: K. Hamlin July 22, 2022 1 inch = 2,000 feet 2,000 4,000 Feet Figure 1 SAGE Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 nd ; A114 r Project Study Area ..' Map Location 0 NRCS Soil Survey Map Arabella Townes Sage Project #2022.068 Franklin County Soil Survey, 2004 Sheet #8 (Grissom) Prepared by: K. Hamlin July 22, 2022 1 inch = 1,000 feet 1,000 2,000 Feet N Figure 2 SAGE Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 NCSHPO Data Download: 6-15-2022 http://www.ncdcr.gov d t a (•,• • i 6 • [aVl 0 addnck Dr Outback Ln Denim Dr n Purnell �d Legend Project Study Area 1-Mile Project Buffer NCSHPO Status ■ Study List individual entry • Surveyed Only • Surveyed, Gone STATUS Study List Boundary S lillwond Dr Sunset Dr Naxos Dr E. nOr o- a M1\\ o\ o\ QOPu' 'PP help! fi144 .al -on A 4r r, YOWIqullka a SrJrina [ O` 6 n v William H. Wall Plantation a Outbuildings - WA1666 g v R e�V2�� e. a. Wild d` -- - Serret pond HC 410u.0..Onpora Aye W win.. 4 Map Location 0 NCSHPO Map Arabella Townes Sage Project #2022.068 Prepared by: K. Hamlin July 22, 2022 1 inch = 2,000 feet 2,000 4,000 Feet Figure 4 SAGE Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 ■ ▪ Mr'S' NC DEPARTMENT OF U MW NATURAL AND CULTURAL RESOURCES July 22, 2022 Kim Hamlin Sage Ecological Services, Inc. 3707 Swift Drive Raleigh, NC 27606 RE: Arabella Townhomes: 2022.068 Dear Kim Hamlin: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Directtrr, Natural Heritage Program NCNH DE-18752 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 4) 121 W. JONES STREET, RALEiGh 1_ NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC V9 707.9120 • FAx 919.707.912i Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Arabella Townhomes Project No. 2022.068 July 22, 2022 NCNHDE-18752 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID cientific Name Common Name Group Observation Date dm Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004-Pre Damselfly Dragonfly or 33749 Somatochlora Coppery Emerald 2004-Pre Damselfly georgiana No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Narn111111 Owner Town of Wake Forest Greenway - Richland Creek Town of Wake Forest Greenway Town of Wake Forest Open Space Town of Wake Forest NC Land and Water Fund Project Element Accuracy Occurrence Rank • Federal State Status Status i Global State Rank Rank NC DNCR, NC Land and Water Fund H? H? 5-Very Low 5-Very Low Owner Type Local Government Local Government State Significantly Rare Significantly Rare G5 S2? G3G4 S1? Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on July 22, 2022; source: NCNHP, Q1, April 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-18752: Arabella Townhomes a lden Rd S July 22, 2022 Managed Area (MAREA) ❑ Buffered Project Boundary ❑ Project Boundary n Rd Stiliwood Dr Sunset Dr oolden Rd Qa rAy Youngsvllle 28 9 55 1.1 Miles I I ] I I I I Sources: Esn, Airbus b5, USGS, NGA NASA, CGIAR, N Robinson, NCEAS, NLS, O5, NMA, Geodalaslyrelsen, Rgkswaterstaal, GSA Geokand FCMA. Inlermap and the GIS user c mmunity Sources: Esn, I4ERE. GannIn, FAO. NOAA. USGS, S OpenSVeelMap conlributars. and the GIS User Carnmumty Page 3 of 3 IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project - specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Franklin County, North Carolina Local office Raleigh Ecological Services (919) 856-4520- of (919) 856-4556 MAILING ADDRESS lit Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 ,c\o &oi c)(P‘ Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (A01) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Login (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species' and their critical habitats are managed by the Ecological Services Program of the U. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries?). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. -c\ci 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Amphii NAME Neuse River erdog Necturus lewisi Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/6772 Fishes STATUS Threatened NAME STATUS Carolina Madtom Noturus furiosus Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/528 Clams NAME Endangered STATUS Atlantic Pigtoe Fusconaia masoni Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Wherever found No critical habitat has been designated for this species. bttps•//erns fws,gnv/PcpLsperies/784 Insects Threatened Endangered NAME STATUS Monarch Butterfly Danaus plexippus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME Michaux's Sumac Rhus michauxii Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 Critical habitats fmNV Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. Candidate STATUS E THERE ARE NO CRITICAL HABITATS AT THIS LOCATIOf Migratory birds 5C v Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Art of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Birds of Conservation Concern fps://www.fws.gWpf 1)_-birds/s.Pries • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing- incidental-take-migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard- conservation-measures pdf The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use below. For guidance on when to schedule activities or implement avoidance and minimization birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your be present and breeding in your project area. NAME Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. fps://ecns.fws gov/eciaLapecies/1626 Black -billed Cuckoo Coccyzus erythropthalmus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9399 Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BC Alaska. Cghou r ge in the continental USA and Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. your migratory bird report, can be found measures to reduce impacts to migratory list to see when these birds are most likely to BREEDING SEASON (IFA BREEDING SEASON IS INDICATED FORA BIRD ON YOUR LIST. THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED. WHICH IS A VERY LIBERAL ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. "BREEDS ELSEWHERE" INDICATES THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) Breeds Sep 1 to Jul 31 1\6114 BrAcic\°°1 piliii. 10 Breeds May 1 to Jul 31 Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds May 10 to Aug 31 Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (I) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe 1� Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. • probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR"MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle ++++ ++++ ++++ " 1111 H 1111 I I H 1 1111 +++1 ++-+ +++I Non -BCC Vulnerable (This is not a Bird of Conservation Concern fi = OCI (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in I offshore areas from 0 certain types of development or Black -billed Cuckoo +++ +++ ++++ ++++ +III 1111 1111 1111 1111 II++ ++—+ ++++ BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the contin tal USA and Alaska.) Prairie -Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Prothonotary Warbler BCC Rangewide (CON) (This is a Bird of ++++ ++++ +++- IIII ii++ 1111 1111 +++1 1111 ++++ ++—+ ++++ ++++ ++++ ++++ ++++ ++++ T+�+ ++++ ++++ I+++ ++++ ++-+ ++++ Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Red-headed Woodpecker 1+++ BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) +1++ ++++ 1111 ++++ ++++ 1+11 +111 ++1+ ++—+ +1++ Wood Thrush BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) ++++ ++++ ++++ ++11 1++1 1111 1+11 1+11 1+11 ++++ + + — + ++++ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey banding and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (LagIe Art requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based o ,data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey banding and citizen science dataset Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present ear -round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell I ah of Ornithology All About Rirds Rird GIiide or (if you are unsuccessful in locating the bird of interest there), the fornell I ah of Ornithology Neotropical Birds guide.. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your•oject area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Coastal Barrier Resources System Projects within the John H. Chafer Coastal Rarrier Resniirres S-ysT m (CBRS) may be subject to the restrictions on federal expenditures and financial assistance and the consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et seq.). For more information, please contact the local Ecological Services Field Office oLovisli the CBRA Consultations website. The CBRA website provides tools such as a flow chart to help determine whether consul tion is required and a template to facilitate the consultation process. THERE ARE NO KNOWN COASTAL BARRIERS AT THIS LOCATIOI Data limitations The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are depicted on the official CBRS maps. The boundaries depicted in this layer are not to be considered authoritative for in/out determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone" that appears as a hatched area on either side of the boundary). For projects that are very close to a CBRS boundary but do not clearly intersect a unit, you may contact the Service for an official determination by following the instructions here: https-//www fws gnv/service/coastal-harrier-resources-system- property documentation Vi% Data exclusions CBRS units extend seaward out t either the 20- or 30-foot bathymetric contour (depending on the location of the unit). The true seaward extent of the units is not sho n in the CBRS dat , therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas projects) m be subject to CBRA even if they do not intersect the CBRS data. For additional information, please contact CBRAPfw guy. Facilities Wildlife refuges and fish hatcheries REFUGE AND FISH HATCHERY INFORMATION IS NOT AVAILABLE AT THIS TIME Wetlands in the National Wetlands Inventoi Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: RIVERINE Riverine A full description for each wetland code can be found at the National Wetlands Inventory website Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. DocuSign Envelope ID: E99233C8-3569-4413-A432-FA9A7880A0C9 t„STATE aF ROY COOPER1,04Governor %u O 2 ELIZABETH S.BISER ',,,,L m r,' _: Secretary ",*�`QQAMsti p'±-: RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality April 8,2022 John Conyers FLM Engineering 8951 Harvest Oaks Dr. Suite 205 Raleigh,NC 27615 Subject: Buffer Determination Letter Arabella Townes Franklin County NBRRO#22-051 Dear Mr. Conyers: On March 31,2022,Alys Hannum of the Raleigh Regional Office conducted an on-site review of the features located on the Arabella Townes property at the request of Soil&Environmental Consultants,PA (S&EC)to determine the applicability of the Neuse River Basin Buffer Rule,Title 15A North Carolina Administrative Code 02B .0714. The table and maps below summarize the features evaluated for subjectivity to the Neuse River Riparian Buffer Rule.Features identified as"Subject"have been located on either the most recent published NRCS Soil Survey of Franklin County or the most recent copy of the USGS Topographic map. Subject features have both been located on the ground and possess characteristics that qualify them to be at least intermittent streams.Features identified as"Not Subject" are not located on either of the required maps, are not present on the property,or have been determined not to be at least intermittent. There may be other streams or features on the property that may be considered jurisdictional according to the US Army Corps of Engineers and therefore subject to the Clean Water Act. This project may require a Section 404/401 Permit for proposed activity within buffers or within waters of the state.Any inquiries should be directed to the US Army Corp of Engineers(Raleigh Regulatory Field Office)at (919)-554-4884. ?). North Carolina epartment of Environmental Quality I Division of Water Resources Q NRaleigh Regional Department 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CAROLINA Deparbnent of Environmental Vualit /�� 919.791.4200 DocuSign Envelope ID: E99233C8-3569-4413-A432-FA9A7880A0C9 Arabella Townes Franklin County April 8, 2022 Page 2 of 3 Determination Type: Buffer Intermittent/Perennial ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) Neuse (15A NCAC 2B .0714) ❑ Tar -Pamlico (15A NCAC 2B .0734) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Address/Location: Stream(s): Determination Date: Arabella Townes 230 Fish Stallings Rd.,Youngsville, NC 27596 Richland Creek March 31, 2022 Staff: Alys Hannum Feature E/I/P* Not Subject Subject Start @ Stop @ Soil Survey USGS Topo A I or P X Subject Throughout X X B E X Indeterminate Continues South off property X X C NP X Not Present X * E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A = Not Applicable, N/E = Not Evaluated 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. Ifsending via US Postal Service: c/o Paul Wojoski; DWR 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. Ifsending via delivery service (UPS, FedEx, etc.): Paul Wojoski; 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 of the date of this letter. £ D_E NORTH CAROLINA Department of Environmental Duality North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: E99233C8-3569-4413-A432-FA9A7880A0C9 Arabella Townes Franklin County April 8, 2022 Page 3 of 3 If you have questions regarding this determination, please contact Alys Hannum, of my staff, at alys.hannum@ncdenr.gov, or by telephone at (919) 791-4255. cc: RRO DWR File Copy/Laserfiche Steven Ball, S&EC (sball@sandec.com) £ D_E NORTH CAROLINA Department of Environmental Duality Sincerely, DocuSigned by: BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: E99233C8-3569-4413-A432-FA9A7880A0C9 Arabella Townes Franklin County, NC-DWR Project #22-051 NRCS Soil Survey Sheets 8 & 9 Franklin Co., NC 2004 Legend: -project boundary Base map provided by S&EC :: Locations are approximate and are provided for reference only :: r DocuSign Envelope ID: E99233C8-3569-4413-A432-FA9A7880A0C9 Arabella Townes Franklin County, NC-DWR Project #22-051 USGS Topographical Map Grissom & Franklin Quadrangles 2019 Legend: -Project boundary Base map provided by S&EC :: Locations are approximate and are provided for reference only :: t Nikki Thomson From: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Sent: Thursday, March 10, 2022 3:08 PM To: Josh Harvey Cc: Steven Ball Subject: SAW-2022-0311 (120 Fish Stallings Road / Arabella Townes) PJD Concurrence Attachments: SAW-2022-00311 Wetland Sketch Map.pdf Dear Joshua Harvey, Reference is made to Corps Action ID: SAW-2022-0311. Please reference this number on any correspondence regarding this action. We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the delineation map entitled, "Wetland Sketch Map" and dated 11/10/2020. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/p16021co119/id/1256 provides guidance for Jurisdictional Determinations (JD) and states, "The Corps generally does not issue a JD of any type where no JD has been requested." Currently, we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. **Due to workload volume, it may take 90 - 120 days or more for the issuance of a standalone JD; however, you may use the delineation for planning and permitting purposes. April R. Norton Regulatory Division US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 441-3637 Fax: (919) 562-0421 Email: Apri1.R.Norton@usace.army.mil 1 Wetland Sketch Map From: Nikki Thomson To: 401 PreFi le Cc: Sean Clark Subject: Notice of Intent to File a PCN for Arabella Townes; Sage Project No. 2022.068 Date: Thursday, June 16, 2022 9:19:00 AM This email serves to notify you of our intent to file a permit application for the above named project. Thank you. Nikki Nicole Thomson, PWS Sage Ecological Services, Inc. nthomson@sageecological.com (919) 754-7806 MILL/BLACK OUT DOUBLE YELLOW LINE ACROSS DRIVEWAY STALLINGS RD ( FISH CSR 1136) 60 ' PUBLIC R/W OWNER: THORNE BRENDA L PIN: 1842-46-4648 7 OWNER: WEISBECKER PETER D PIN: 1842-46-5534 7 / / 7 NOTES PROVIDE 2'-6" MINI SKIPS ACROSS DRIVEWAY PROP. 30' X 30' LANDSCAPE ESMT. PROP. OPEN SPACE / COMMON AREA 7 7 7 7 OWNER: CARTER ROBERTD PIN: 1842-46-6542 7 7 7 / OWNER: TRADLEY PAUL A PIN: 1842-46-7551 / OWNER: CROSS WILLIAM HAROLD JR PIN: 1842-46-8562 / / / / / / PROP. 10' X 70' SIGHT TRIANGLE EX. FENCE OWNER: STRICKLAND PAUL JR PIN: 1842-46-9550 1. ALL NEW ROADS WILL BE BUILT TO TOWN OF YOUNGSVILLE STANDARDS AND SPECIFICATIONS AND DESIGNATED AS PUBLIC. 2. ALL LOTS SHALL BE SERVED BY FRANKLIN COUNTY PUBLIC WATER AND SEWER. 3. THIS SUBDIVISION WILL COMPLY WITH THE NCDEQ SOIL AND EROSION ORDINANCE. 4. THIS PLAT IS SUBJECT TO ALL EASEMENTS, AGREEMENTS, AND RIGHTS -OF -WAY RECORDED PRIOR TO THE DATE OF THIS PLAT. 5. SOLID WASTE SERVICE SHALL BE PROVIDED BY CURB -SIDE PICKUP. 6. CONSTRUCTION SHALL BE PHASED WITH THE NUMBER OF LOTS PER PHASE BASED ON THE FRANKLIN COUNTY WATER ALLOCATION ORDINANCE (CURRENT ORDINANCE AT TIME OF PHASING) AND THE INFRASTRUCTURE NECESSARY FOR EACH PHASE. CONSTRUCTION IS ANTICIPATED TO OCCUR FROM THE FRONT OF THE DEVELOPMENT (ALONG FISH STALLINGS RD) TO THE REAR OF THE DEVELOPMENT. ROAD 1 CONSTRUCTION SHALL BE COMPLETED DURING THE FIRST PHASE. LEGEND EX. PROPERTY LINE EX. RIGHT-OF-WAY EX. ADJACENT OWNERS EX. CHANNEL/STREAM BUFFER EX. FENCE PROP. RIGHT-OF-WAY PROP. LOT LINES PROP. SETBACK LINE PROP. EASEMENT/BUFFER PROP. CHAINLINK FENCE / / / / / \\ \ \ \ \ 'EN \\ \\ \\ \\ \ \ \ \ _.. \ \ \ \ \ \ \ \ \ \ \ \\,_ \ \ - \ \ \ \ \_ _ \\ \\ \ \\ \ \ \\ \ \ \\ \ \ \\ \ \ \\ \ \ \\ \ \ \\ \ \ \\ \ \ \\ \ \ \\ \ \ \\ \ \ \\ \ \ \ / OWNER: BRADLEY MICHAEL E PIN: 1842-56-1546 PROP. MAIL KIOSK PROP. 20' DRAINAGE ESMT. OWNER: PUTNAM MICHAEL D PIN: 1842-56-3564 PROP. 30' TYPE B BUFFER (60% OPACITY) OWNER: ONEAL SUSAN W PIN: 1842-56-5520 / / / / / / OWNER: CONYERS DAVID MARK PIN: 1842-57-3255 ZONING: SFR-3 \ \ / OWNER: MAGLIONE ANDREW PIN: 1842-56-6466 / / PROP. 25' X 25' SIGHT TRIANGLE (TYP. ON TOWN OF YOUNGSVILLE ROADS) / / / OWNER: BRIGHT BETTYL PIN: 1842-56-9329 ZONING: FRANKLIN COUNTY RA 7 7 7 7 7 7 7 7 7 7 PROP. 30' TYPE B BUFFER (60% OPACITY) / / / / PROP. STORMWATER CONTROL MEASURE IN VARIABLE WIDTH ACCESS & MAINTENANCE ESMT. VICINITY MAP SCALE: 1" = 1,000' OWNER: CONYERS JOHN C JR PIN: 1842-66-1923 ZONING: MU-1 OWNER: JAMES WILBUR ROSS 111 PIN: 1842-66-3356 EX. STREAM TOP OF BANK N 50' RIPARIAN STREAM BUFFER N N N N N N SUMMARY INFORMATION DEVELOPMENT NAME: ARABELLA TOWNES SITE ADDRESS: FISH STALLINGS ROAD, YOUNGSVILLE, NC PIN NUMBER(S): 1842-56-2932 AND 1842-66-1923 TOTAL AREA: 18.20 AC EXISTING USE: VACANT PROPOSED USE: TOWNHOME SUBDIVISION JURISDICTION: TOWN OF YOUNGSVILLE CURRENT ZONING DISTRICT: MU-1 PROPOSED UNITS: 126 MAXIMUM DENSITY: 17 UNITS/ACRE PROPOSED DENSITY: 6.74 UNITS/ACRE PARKING CALCULATIONS: REQUIRED PARKING: 120 3-BEDROOM UNITS X 2 SPACES/UNIT = 240 SPACES PROPOSED PARKING: 1 GARAGE + 1 DRIVEWAY SPACE PER UNIT X 120 UNITS = 240 SPACES + 42 OFF-STREET PARKING (4 ADA) SPACES = 282 TOTAL PROPOSAL PARKING SPACES REQUIRED OPEN SPACE: 1.365 AC (7.5%) PROPOSED OPEN SPACE: 8.126 AC (44.6%); INCLUDES ALL COMMON AREAS, BUFFERS, ETC. REQUIRED TREE CONSERVATION AREA: 1.092 AC (6%) PROPOSED TREE CONSERVATION AREA: 1.300 AC (7.1 %) LINEAR FEET OF STREAM ON PROPERTY: 474 LF DEVELOPER: SUMMERFIELD INVESTMENTS, LLC 6030 CREEDMOOR ROAD SUITE 200 RALEIGH, NC 27612 ENGINEER: FLM ENGINEERING, INC. PO BOX 91727 RALEIGH, NC 27675 919.610.1051 / / PROP. RETAINING WALL (BY OTHERS) / SEE SHEET EX-1 FUT. AVERY WOODS SUBDIVISION (BY OTHERS) ■ ■ ENGINEERING POST OFFICE BOX 91727 RALEIGH, NORTH CAROLINA 27675 PHONE: 919.610.1051 FIRM NC LICENSE NUMBER C-4222 REVISION HISTORY REV DESCRIPTION DATE BY ORIGINAL PLAN SIZE: 24" X 36" 75 37.5 0 75 SCALE: 1 INCH = 75 FEET SCALE ADJUSTMENT THIS BAR IS 1 INCH IN LENGTH ON ORIGINAL DRAWING 0 1" IF IT IS NOT 1 INCH ON THIS SHEET, ADJUST YOUR SCALE ACCORDINGLY EXHIBIT ARABELLA TOWNES FISH STALLINGS RD YOUNGSVILLE, NC SUMMERFIELD INVESTMENTS, LLC DATE: 04-04-2022 SCALE: AS SHOWN DESIGNED BY: FLM APPROVED BY: FLM PROJECT NO.: 21092 OVERALL KEY MAP EX -KEY SHEET 1 OF 2 © 2022 THIS DRAWING SHALL NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN PERMISSION OF FLM ENGINEERING, INC. 390 PROP. GRADE - NOIlVAD1E PROP. HEAD WALL (TYP.) STREAM DIVERSION PUMP INTAKE HOSE FLOW 24" DIAMETER SUMP OR POOL (12" TO 18" DEEP) CLEAN WATER IMPERVIOUS DIKE (SEE DIKE SECTION) 350- EG 359.84 I I I 390 -380 PROP. 54" RCP CULVERT PROP. CULVERT TO BE BURIED 1' (20% CULVERT DIAMETER) BELOW THE EXISTING STREAM BED (TYP.) O LL co co O W O OD Cr) O LL EG 355.93 -350 0+00 STATION 1+00 1+12.95 CROSS SECTION HORIZONTAL SCALE: 1" = 50' VERTICAL SCALE: 1" = 5' SILT BAG (OR OTHER APPROVED DEWATERING DEVICE) DEWATERING PUMP INTAKE HOSE WORK AREA LENGTH NOT TO EXCEED THAT WHICH CAN BE COMPLETED IN ONE DAY PROP. IMPERVIOUS DIKE DISCHARGE ONTO THE PROPOSED OUTLET PIPE END SECTION, WINGWALL, OR OTHER STABILIZED AREA TO PREVENT CHANNEL EROSION DOWNSTREAM PUMP AROUND DETAIL NO SCALE • FLOW IMPERMEABLE DIKE WORK AREA NOTES: 1. PUMP AROUND DIKES SHALL NOT BE SET OUTSIDE THE LIMITS OF DISTURBANCE/IMPACT LIMITS SHOWN ON THE PLANS. 2. INSTALL PUMP AROUND DIVERSION AND DEWATER THE CONSTRUCTION ZONE THROUGH THE DEWATERING DEVICE. THE CONTRACTOR SHALL STAGE THE LIMITS OF THE PUMP AROUND FLOW DIVERSION TO DEWATER ONLY THE SECTION REQUIRED TO INSTALL THE PROPOSED STREAM CROSSING. WHERE FEASIBLE, INSTALLATION OF PERMANENT STREAM CROSSING SHALL BE COMPELTED IN ONE DAY. UPON COMPLETION OF THE PERMANENT CROSSING, THE WORK AREA SHALL BE SABILIZED, THE PUMP AROUND REMOVED, AND THE FLOW RESTORED TO THE CHANNEL. WORK SHALL BE COMPLETED ONLY DURING FORECAST PERIODS OF DRY WEATHER. BASE FLOW + 1' (2' MIN.) -1 I I-111-1 I I -I 11-I DIKE SECTION WATER LEVEL IMPACT TABLE STREAM IMPACTS TEMPORARY PERMANENT PERMANENT NO LOSS ZONE II BUFFER 882 SF 3,481 SF ZONE I BUFFER 720 SF 7,786 SF STREAM CHANNEL 6 LF 136 LF 9 LF PROP. 882 SF OF TEMPORARY ZONE II BUFFER IMPACTS PROP. 6 LF OF STREAM A TEMPORARY IMPACT PROP. 3,481 SF OF PERMANENT ZONE II BUFFER IMPACTS :;��II�111■Ili�iii�iiiiiia� ii■ 11■111■m■ PROP. 54" RCP CULVERT WITH HEADWALLS NOTES 1. TOPOGRAPHIC DATA PROVIDED BY CAWTHORNE, MOSS & PANCIERA, P.C. 2. SURFACE WATERS, WETLANDS AND STREAMS SHOWN DELINEATED BY SOIL & ENVIRONMENTAL CONSULTANTS, PA AND LOCATED BY CAWTHORNE, MOSS & PANCIERA, PC. 3. PROPOSED CONTOURS SHOWN REPRESENT FINISH GRADES. 4. ALL CONSTRUCTION TO BE CONDUCTED IN ACCORDANCE WITH APPLICABLE TOWN OF WAKE FOREST STANDARDS. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN PROPER WORKING CONDITIONS THROUGHOUT CONSTRUCTION. 5. CONTRACTOR SHALL RESTORE AND STABILIZE ALL TEMPORARILY IMPACTED FEATURES WITH NATIVE VEGETATION. LEGEND I ___40k 1nw1111111111a11111 ova -1-.- iii�tl■r - �'_` MIMI iiiii _ PROP. 136 LF OF STREAM A PERMANENT IMPACTS PROP. 7,786 SF OF PERMANENT ZONE I BUFFER IMPACTS PROP. 9 LF PERMANENT "NO LOSS" STREAM A IMPACT (RIP RAP TO BE KEYED IN WITH THE TOP OF RIP RAP AT THE SAME ELEVATION OF EXISTING STREAM BED) PROP. 720 SF OF TEMPORARY ZONE I BUFFER IMPACTS EX. PROPERTY LINE EX. RIGHT-OF-WAY EX. ADJACENT OWNERS EX. CHANNEL/STREAM BUFFER �❑ EX. FENCE C C EX. COMMUNICATIONS LINE 425- EX. MAJOR CONTOUR (5') EX. MINOR CONTOUR (1') PROP. RIGHT-OF-WAY PROP. LOT LINES PROP. SETBACK LINE PROP. EASEMENT/BUFFER 0 PROP. CHAINLINK FENCE W W - PROP. WATER LINE SS SS - PROP. SANITARY SEWER II 1111 1111 1111 1111 1111 PROP. STORM SEWER - • • • - • • • - • • • - >- PROP. STORM SWALE 425 PROP. MAJOR CONTOUR (5') PROP. MINOR CONTOUR (1') LD LD PROP. LIMIT OF DISTURBANCE PROP. TEMPORARY ZONE I BUFFER IMPACT PROP. TEMPORARY ZONE II BUFFER IMPACT PROP. PERMANENT ZONE I BUFFER IMPACT PROP. PERMANENT ZONE II BUFFER IMPACT PROP. PERMANENT STREAM IMPACT PROP. TEMPORARY STREAM IMPACT ENGINEERING POST OFFICE BOX 91727 RALEIGH, NORTH CAROLINA 27675 PHONE: 919.610.1051 FIRM NC LICENSE NUMBER C-4222 REVISION HISTORY REV DESCRIPTION DATE BY ORIGINAL PLAN SIZE: 24" X 36" 20 10 0 20 SCALE: 1 INCH = 20 FEET SCALE ADJUSTMENT THIS BAR IS 1 INCH IN LENGTH ON ORIGINAL DRAWING 0 1" IF IT IS NOT 1 INCH ON THIS SHEET, ADJUST YOUR SCALE ACCORDINGLY EXHIBIT ARABELLA TOWNES FISH STALLINGS RD YOUNGSVILLE, NC SUMMERFIELD INVESTMENTS, LLC DATE: 07-20-2022 SCALE: AS SHOWN DESIGNED BY: FLM APPROVED BY: FLM PROJECT NO.: 21092 IMPACT EXHIBIT EX-1 SHEET 2 OF 2 © 2022 THIS DRAWING SHALL NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN PERMISSION OF FLM ENGINEERING, INC. fires EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability July 21, 2022 U.S. Army Corps of Engineers April Norton Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Arabella Farms This document confirms that $ummerfield Investments. LI,C (Applicant) for the Arabella Farms (Project) has expressed an interest to utilize 272.00 Stream Mitigation Credits the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically 272.00 stream credits from the Poplar Creek Site, in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If you have any questions, please contact me at astaley@res.us. Best Regards, LvLo.- at_ Amy Staley Resource Environmental Solutions, LLC 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612