20072157 Ver 3_ePCN Application_20220804

Pre -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:
5/2/2022
BIMS # Assigned *
20072157
Is a payment required for this project?*
0 No payment required
O Fee received
O Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
Version#*
3
What amout is owed?*
0 $240.00
O $570.00
Select Project Reviewer*
Colleen Cohn:eads\cmcohn
la. Name of project:
Aquiline Subdivision
la. Who is the Primary Contact?*
Rick Trone
lb. Primary Contact Email:*
[e-mail]
Date Submitted
8/4/2022
Nearest Body of Water
Little Branch
Basin
Cape Fear
Water Classification
C;NSW
Site Coordinates
Latitude:
35.709054
A. Processing Information
Longitude:
-78.839551
lc. Primary Contact Phone:*
[phone]
County (or Counties) where the project is located:
Wake
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
0 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:
Madison Apex Owner, LLC
2b. Deed book and page no.:
018329/02014
2c. Contact Person:
Ray Smith
2d. Address
Street Address
6805 Carnegie Blvd.
Address Line 2
City
Charlotte
Postal / Zip Code
28211
State / Province / Region
NC
Country
USA

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Ray Smith
3b. Business Name:
Madison Capital Group, LLC
3c. Address
Street Address
6805 Carnegie BLVD
Address Line 2
Suite 120
City
Charlotte
Postal / Zip Code
28211
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Rick Trone
4b. Business Name:
WithersRavenel
4c. Address
Street Address
115 MacKenan Drive
Address Line 2
City
Cary
Postal / Zip Code
27511
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
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
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Apex, NC
2. Project Identification
2a. Property Identification Number:
0741725923
2b. Property size:
48.04

2c. Project Address
Street Address
1528
Address Line 2
E. Williams Street
City
Apex
Postal / Zip Code
27539
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Little Branch
3b. Water Resources Classification of nearest receiving water: *
C;NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300040102
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 currently vacant and wooded. General land use in the vicinity is commercial to the east and south with some residential land use to the north. Two existing pipelines bisect the
site.
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:
064
4g. List the total estimated linear feet of all existing streams on the property:
2,115
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct a mixed use multifamily residential subdivision to meet the existing and growing demand for residential housing in Wake County.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project is proposed to be constructed in phases however, all impacts are addressed in this application.
The project consists of the construction of the following:
• 418 multi -family units
• Hotel
• Grocery
• Commercial Parcels
• Construction of infrastructure (roads, greenways, amenities, utilities, stormwater management, etc.)
The proposed design results in the filling of Stream A1-A2. The main access road into the proposed development, an internal road for building parking, and associated grading will impact
Stream A1-A2. The proposed road is a component of the Apex transportation plan.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
.)Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
0 Preliminary .) Approved O Not Verified 0 Unknown 0 N/A
Corps AID Number:
SAW-2008-00683
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Jay Keller
Keller Environmental
O Unknown

5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
NC DWR issued a Riparian Buffer Determination Letter (DWQ EXP#07-2157) on 12/21/2007.
The USACE issued a jurisdictional determination on 5/8/2008. An approved Jurisdictional Determination was issued on 3/23/2015 that noted no changes were noted on the property from
the previous determination in 2008. The approved jurisdictional determination has since expired however, WR has confirmed the determination is still accurate.
Keller Environmental conducted a delineation of the streams, and riparian buffers in August 2020.
The Town of Apex issued a Stream Buffer Determination Letter (Apex 20-001) on 8/19/2020. Previous determinations and related documentation have been provided as an attachment.
6. Future Project Plans
6a. Is this a phased project?*
O Yes O No
6b. If yes, explain.
The project is proposed to be constructed in phases however, all impacts are addressed in this application.
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):
O Wetlands O Streams -tributaries
O Open Waters O Pond Construction
3. Stream Impacts
O Buffers
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
SI
Road crossing, parking,
grading
Permanent
Fill
Stream A1-A2
Intermittent
Both
4
Average (feet)
264
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
264
3i. Total stream and ditch impacts:
264
3j. Comments:
E. Impact Justification and Mitigation
3i. Total temporary stream impacts:
0
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be
minimized.
Proposed permanent impacts for construction of the subdivision and infrastructure have been minimized to only those necessary for construction of the
primary access road and an intemal road for building access and parking. There are no impacts proposed for construction lots, infrastructure, or
stormwater management.
The primary access road is designed to align with the existing Pristine Water Drive (to be upgraded later) necessitating its proposed location. The
proposed road is a component of the Apex transportation plan to eventually become a public street. The site was designed around jurisdictional waters
to the greatest extent practical and there are no other impacts to streams or wetlands on the entire site. Two existing pipelines bisect the site in a
northeast to southwest direction. One pipeline is on the northern side of the site and the other is located at the southern side. The location of these
existing pipelines further constrains site design and had to be worked around.
Stream A1-A2 is a relatively short intermittent stream segment with a landscape position that places it directly in the path of the proposed primary access
road making impacts unavoidable. To achieve proper grade, further impacts to Stream A1-A2 are necessary. It was not deemed feasible to use a
retaining wall or culvert in this area to partially avoid the impact. Stream A1-A2 is an intermittent stream fed by ephemeral upland runoff with no wetlands
upstream or adjacent.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Access during construction will occur within uplands. Additionally, sediment and erosion control measures will be installed prior to construction. Sediment
and erosion measures will be maintained throughout the construction process.
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):
O DWR .O Corps
2d. If yes, which mitigation option(s) will be used for this project?
O✓ Mitigation bank 0 Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Middle Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Stream
3c. Comments
Quantity:
528
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes ® No
If no, explain why:
Project is located within the Cape Fear River Basin (not in the Jordan Lake watershed).
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)?
OYes 0No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes • 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)?*
Yes • No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes • No
3b. If you answered "no," provide a short narrative description.
Project will not result in future development that may impact downstream water quality.
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 project involves construction of a sewer collection system and a pump station. Wastewater will be transferred to local treatment plant.

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 O No
5b. Have you checked with the USFWS conceming Endangered Species Act impacts?*
O Yes O No
5d. Is another Federal agency involved?*
O Yes
5e. Is this a DOT project located within Division's 1-8?
0 Yes ® No
® No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S
C•)Yes 0No
5g. Does this project involve bridge maintenance or removal?
0 Yes * No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
0 Yes ® No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
0 Yes ® No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
WR reviewed the USFWS IPAC data, located at: https://ecos.fws.gov/ipac/, to identify the federally listed species and critical habitat known to occur
within the vicinity of the project. The IPaC identified that RCW, Cape Fear Shiner, Monarch Butterfly (candidate species), and Michaux's sumac have
ranges that extend into the project area. The IPaC specified that there are no critical habitats within the project area. The IPaC species list has been
provided as an attachment to this application.
WR reviewed the NC Natural Heritage Program database, located at https://ncnhde.natureserve.org/, as well as NCNHP GIS data to identify if there
were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identify any occurrences of
federally listed threatened or endangered species or critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP
project review letter dated 7/7/2022.
Site reviews did not identify any potential habitat for RCW and Cape Fear Shiner. Additionally, there was no potential habitat for Michaux's sumac
identified within the project area. Therefore, WR concludes that the proposed project will not adversely affect federally listed species or their designated
critical habitat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
O Yes O No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
There are no waters classified as EFH in Wake County.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
O Yes v No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known
historic or cultural resources within or in the vicinity of the proposed project. The database review identified a 1910's 1 story pyramidal roof cottage that
was formally located in the vicinity of the northeast corner of the project but outside the project limits. The cottage was gone before 1993.
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 floodplain maps.
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
Appendix.pdf 25.48MB
File must be PDF or KMZ
Comments
Please see attached cover letter and documentation.

Signature
RI 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:
Rick Trone
Signature
Ve4 W�tilt6
Date
8/4/2022

%. WithersRavenel
IN011 Our People. Your Success.
August 4, 2022
US Army Corps of Engineers
Regulatory Field Office
Mr. Lyle Phillips
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
NC -Division of Water Resources
401 & Buffer Permitting Unit
Mr. Paul Wojoski
1617 Mail Service Center
Raleigh, NC 27699
Re: Aquiline Subdivision - NWP 29 PCN Submittal
Apex, Wake County
USACE AID: SAW-2008-00683
WR Project #02201070.00
Dear Mr. Phillips and Mr. Wojoski,
On behalf of Madison Capital Group, LLC, we are requesting authorization from the USACE to use
NWP 29, as well as requesting a 401 WQC from NC DWR, for the following impacts:
Proposed Impact Table
Feature
Type of Impact
Impact Area
LF
SF
AC
Stream
Permanent
264
1,471
0.034
The proposed total permanent impacts to jurisdictional waters are 0.034 acres and therefore the
project is eligible for authorization under an NWP 29.
The proposed project consists of the construction of a mixed -use and multi -family subdivision
development and associated infrastructure (roads, sidewalks, open recreational space, amenities,
utilities, stormwater management, etc.). The proposed project features 418 multi -family units, a
hotel, grocery, and some commercial parcels.
The proposed Aquiline subdivision consists of a 48.04-acre parcel (PINS: 0741725923) located at
1528 E. Williams Street, Apex, Wake County (Lat: 35.706369°N;-78.842025°W).
The project is in the Cape Fear River basin (HUC: 030300040102) and onsite waters drain to Little
Branch. The Water Quality Classification for Little Branch is: C;NSW and the Stream Index Number
is: 27-43-15-(1).
Proposed Project
The purpose of the proposed project is to construct a mixed use multifamily residential subdivision
to meet the existing and growing demand for residential housing in Wake County. The project is
proposed to be constructed in phases however, all impacts are addressed in this application.
The project consists of the construction of the following:
• 418 multi -family units
• Hotel
• Grocery
• Commercial Parcels
115 MacKenan Drive I Cary, NC 27511
t: 910.469.3340 I www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington

Aquiline Subdivision
Apex, Wake Co.
NWP 29 PCN Submittal
gm. WithersRavenel
❑ur People. Your Success.
• Construction of infrastructure (roads, greenways, amenities, utilities, stormwater
management, etc.)
The proposed design results in the filling of Stream A1-A2. The main access road into the proposed
development, an internal road for building parking, and associated grading will impact Stream A1-
A2. The proposed road is a component of the Apex transportation plan.
Project History
NC DWR issued a Riparian Buffer Determination Letter (DWQ EXP#07-2157) on 12/21/2007.
The USACE issued a jurisdictional determination on 5/8/2008. An approved Jurisdictional
Determination was issued on 3/23/2015 that noted no changes were noted on the property from
the previous jurisdictional determination in 2008. The approved jurisdictional determination has
since expired, however WR has confirmed the determination is still accurate.
Keller Environmental conducted a delineation of the streams, and riparian buffers in August 2020.
The Town of Apex issued a Stream Buffer Determination Letter (Apex 20-001) on 8/19/2020.
Previous determinations and related documentation have been provided as an attachment.
Proposed Impacts
The proposed permanent stream impact of 264 linear feet is necessary for the installation of the
primary access road to the project, an internal road for building access/parking, and necessary
grading.
To access developable uplands on the site and achieve the required roadway alignment with
existing roads, it is necessary to impact Stream A1-A2.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and "waters" could be minimized.
Proposed permanent impacts for construction of the subdivision and infrastructure have been
minimized to only those necessary for construction of the primary access road and an internal road
for building access and parking. There are no impacts proposed for construction lots,
infrastructure, or stormwater management.
The primary access road is designed to align with the existing Pristine Water Drive (to be upgraded
later) necessitating its proposed location. The proposed road is a component of the Apex
transportation plan to eventually become a public street. The site was designed around
jurisdictional waters to the greatest extent practical and there are no other impacts to streams or
wetlands on the entire site. Two existing pipelines bisect the site in a northeast to southwest
direction. One pipeline is on the northern side of the side and the other is located at the southern
side. The location of these existing pipelines further constrains site design.
Stream A1-A2 is a relatively short intermittent stream segment with a landscape position that
places it directly in the path of the proposed primary access road making impacts unavoidable. To
achieve proper grade, further impacts to Stream A1-A2 are necessary. It was not deemed feasible
to use a retaining wall or culvert in this area to partially avoid the impact. Stream A1-A2 is an
intermittent stream fed by ephemeral upland runoff with no wetlands upstream or adjacent.
Page 2 of 4

Aquiline Subdivision
Apex, Wake Co.
NWP 29 PCN Submittal
::WithersRavenel
❑ur People. Your Success.
Access during construction will occur within uplands. Additionally, sediment and erosion control
measures will be installed prior to construction.
Mitigation
The proposed project will result in 0.034 acres and 264 If of permanent stream impacts.
The applicant proposes to mitigate for the 0.034 ac/264 If of functional loss at a 2:1 mitigation
ratio, resulting in the provision of 528 If of stream mitigation. WithersRavenel contacted mitigation
banks that service the Cape Fear 03030004 basin to determine availability of stream mitigation
credits. A letter of acceptance from Wildlands Holdings for the 528 If of stream mitigation has
been provided as an attachment.
The total stream mitigation proposed is depicted in the following table:
Stream Mitigation Table (Total)
Impact Type
Mitigation Proposed
Impact Requiring Mitigation
264 If
Total Mitigation Proposed
528 If
Stormwater Management Plan
The stormwater management plan consists of one wet pond and two constructed wetland SCM's.
providing a minimum of 30% nitrogen removal. An additional two wet ponds are planned but are
yet to be designed. For Phase 2 of the project, two above ground SCM's are proposed to be located
on the southern side will provide stormwater management. The stormwater management plan will
be reviewed and approved by the Town of Apex as the certified local municipality.
Please feel free to call if you have questions or require additional information to complete your
review.
Sincerely,
WithersRavenel
Rick Trone
Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization Form
• Aerial Exhibit
• USGS Quads
Page 3 of 4

Aquiline Subdivision
Apex, Wake Co.
NWP 29 PCN Submittal
::WithersRavenel
❑ur People. Your Success.
• Wake County Soil Survey
• Parcel/Property Owner Info
• Previous Delineation Information & Survey Data
• Approved Jurisdictional Determination
• NCNHP Project Review Letter
• USFWS IPaC Species List
• Wildlands Statement of Availability for Stream Mitigation
• Impact Exhibits
Page 4 of 4

aOur WithersRavenel
People. Your Success.
AGENT AUTHORIZATION

%. WithersRavenel
III.Our People. Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Owner Madison Capital Group, LLC (Client) does hereby appoint
WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate
local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC
Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for:
a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas
(wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of
appropriate environmental permit applications/requests for the Aquiline Subdivision
Project.
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
Agent's Name, Address & Telephone:
WithersRavenel, Inc.
115 MacKenan Drive
Date:
7-6-22
Signature of Client:
Ray Smith
(Nam Print) (Title)
Cary, NC 27511 (Signature)
Tel. [phone]
6805 Carnegie Blvd., Suite 120
Mailing Address
Charlotte, NC 28211
City State Zip
Phone: [phone]
Email: [e-mail]
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 I f: 919.467.6008 I www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington

aOur WithersRavenel
People. Your Success.
AERIAL EXHIBIT

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::WithersRavenel
Our People. Your Success.
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APEX
MADISON CAPITAL GROUP -
AQUILINE
WAKE COUNTY NORTH CAROLINA
USGS (2019) - APEX
WithersRavenel
1/ Engineers Planners Surveyors

Lill WithersRavenel
Our People. Your Success.
WAKE COUNTY
SOIL SURVEY

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MADISON CAPITAL GROUP 1� WithersRavenel
s AQUILINE WAKE CO. SOIL SURVEY (1970) SHEET 75 1/ Eng;neersl Planners)surveyo rs
x
APEX WAKE COUNTY NORTH CAROLINA

Lill WithersRavenel
Our People. Your Success.
PREVIOUS DELINEATION
INFORMATION & SURVEY DATA

CPE) WATER RESOURCES DEPARTMENT'�.c
August 19, 2020
Jay Keller
Principal
Keller Environmental
[phone] cell
[phone] fax
Subject: Stream Buffer Determination Apex 20-001
Aquiline
Cape Fear River Basin
Dear Mr. Keller,
On April 28th, 2020, Mr. James Misciagno met with you at the subject site to evaluate Four (4) drainage
features and determine if they are subject to the Town of Apex(Town) riparian buffer rules. Based on the
information obtained during the site visit and per the requirements set forth in Section 6.1.11 of the Town
Unified Development Ordinance (UDO), I concur with the stream and pond classifications as shown on the
attached sketch dated August 13, 2020 and initialed by James Misciagno on August 19, 2020.
Drainage Shown as Shown as on Determination made Determined Buffer
Feature on USGS Soil Survey in the field Width
Feature B1 Intermittent Perennial Intermittent 50 feet
Feature A1-A2 Not Present Intermittent Intermittent 50 feet
Feature A3-A4 Intermittent Perennial Intermittent 50 feet
Feature A5 Intermittent Perennial Intermittent 50 feet
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 Division of Water Resources (DWR) or Delegated Local
Authority in the Jordan Lake watershed may request a determination by the DWR Director.
An appeal request must be made within sixty(60)days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a
determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR—401 &
Buffer Permitting Unit; 1617 Mail Service Center, Raleigh, NC 27699-1617. Otherwise the appeal
procedure will be in accordance with UDO Section 6.1.11.

If you dispute the Director's determination, you may file a petition for an administrative hearing. You
must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this
notice of decision. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00am and 5:00pm, except for official State holidays.
To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. A copy of the petition must also be served
to the Department of Natural Resources, c/o Mary Penny Thompson, General Counsel, 1601 Mail Service
Center, Raleigh, NC 27699-1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal 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 Regulator Field Office) at [phone].
If you have any questions, please do not hesitate to contact me at [phone].
Sincerely,
J sica Olin, PE
Environmental Engineering Manager
TOWN OF APEX
The Peak of Good Living
PO Box 25o Apex, NC 27502 I (919) 249-340o I www.apexnc.org

FZPEx Riparian Buffer Call
y, _- $ Application
,
This application is required to be fully completed and submitted to Town staff prior to conducting a buffer call. Please submit the application
package electronically to rnlchoel.deatonf&opexnc.ora.
PROPERTY INFORMATION Owner(s): r�f4e /'/i e. - ,�*��t-.'rtec G4.
Site Address: 17 a 6. �r/r«r►7 5 � f 753 e7
CONSULTANT INFORMATION(If applicable)pli // �^
Name: SJ `��/ I�eier yr eAI G/t o'rewbek-z
Address: -7 7ca7l rem'lz.7y)
Email: 7"Gc
�J_ !-27 c- ! eWer-ea Uf/1"�1�'2 PtL /. CzNri
Phone: (ci?) 7((q.- Fa 5
CHECKLIST
Please place a checkmark in the spaces provided below to indicate that the required information has been provided with this submittal_
Right of Entry Form Topo Map(most recent version) 1
NCDEQ Stream Identification Forms
(v.4.11) 1970 Wake County Soil Survey Map
Sketch Map*
`sketch map should show all drainage features on the property with all applicable riparian buffers shown. Please clearly Indicate or list which
features are being called with this application,
NOTES
SIGNATURE(Consultant or Responsible Party)
0y my signature below,i certify that the information provided with this application is accurate and truthful.
Date: e � o�C7 �C7
Town of Apex Water Resources Department Revised 5/14/2019

•
NORTH CAROLINA RIGHT OF ENTRY
WAKE COUNTY
This Right of Entry is executed this 2nd day of April zo 20 by
Aquiline Apex Owner LLC and (the " ").
WHEREAS, the Town of Apex ("Town") is seeking to make a stream buffer
determination across the property known as Aquiline Apex in the Town of
Apex , North Carolina and designated as PIN #0741725923 by the
Wake County Revenue Department (the "Subject Property");
WHEREAS, the Aquiline Apex are agreeable to provide the Town with this
Right of Entry under the terms and conditions stated herein so that the above referenced
determination may proceed.
NOW THEREFORE in light of the above premises, the Aquiline Apex do
hereby grant and give freely and without coercion, the right of access and entry to the
Subject Property on the terms and conditions as stated below:
r. The Town of Apex and its contractors may enter the Subject Property for the
purpose of conducting on-site environmental investigations and issuing a
determination based on those investigations as it relates to stream buffer
determination.
z. This Right of Entry does not convey to the Town any title or ownership
interest in the Subject Property,
3. The Town and its employees, contractors, agents and representatives enter
upon the Subject Property at their own risk and assume all risks related to
the property.
4. The undersigned agrees and warrants to hold harmless the Town of Apex, its
agencies, departments, contractors, and subcontractors, and discharges and
waives arty action, either equitable or legal that arise from the activities
described above on the property except in the case of negligence by the
Town.
Witness: `�' By:
WilliamcB. Harriga Jr. - Manager
By:

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NC DWQ Stream Identification Form Version 4.11 // -}`./ i
Date: //a3/ 0 Project/Site: -/ruli.dr. Latitude: 35, -7," b '"AR
Evaluator: 7k County: W4r.r. Longitude:-7 F, 6°..3?i /
Total Points: Stream Determination(circle one) Other .1
Stream is at feast intermittent iR/' 75 Ephemeral Intermittent Perennial e.g. Quad Name:
if?19 or perennial if y 30'
A. Geomorphology (Subtotal = /l ) Absent Weak Mode )te Strong
�
la Continuity of channel bed and bank 0 1 3
2. Sinuosity of channel along thalweg 0 1 '`.-CP 3
3. In-channel structure:ex, riffle-pool, step-pool, 0 0 2 3
ripple-pool sequence -
4. Particle size of stream substrate 0 CO�� 2 3
5.Activ C )
elrelict floodplain 0 � 2 3
6. Depositional bars or benches 0 ( 2 3
7. Recent alluvial deposits 0 2 3
6, Headcuts 0 2 3
9. Grade control 0 1 1.5
10. Natural valley 0 0.5 1 1.5
11. Second or greater order channel No Yes=3
-a artificial ditches are not rated;see discussions in manual
B. Hydrology (Subtotal = 6-5 )
12. Presence of Baseflow 0 R 2 3
13. Iron oxidizing bacteria 0 2 3
14, Leaf litter 1.5 1 _ (i } 0
15. Sediment on plants or debris 0 0.5 1 1,5
16. Organic debris lines or piles 0 ( ,5 1 1.5
17. Soil-based evidence of high water table? No=0 Yes
C. Biology (Subtotal = q-A-s )
18, Fibrous roots in streambed 3 2 (9 0
19, Rooted upland plants in streambed 3 0-.) 1 0
20. Macrobenthos(note diversity and abundance) 1 2 3
21,Aquatic Mollusks 1 2 3
22. Fish 0.5 1 1.5
23, Crayfish CO 0.5 1 1,5
24.Amphibians 0 (0T) 1 1.6
25,Algae 0 0.5 1 1.5
26,Wetland plants in streambed FACW W ,75 OBL= 1.5 Other=0
"perennial streams may also be identified using other methods.See p.35 of manual,
Notes:
Sketch:

NC DWQ Stream Identification Form Version 4.11 /1/ //
Date: //a 3/7�47, Project/Site: ,14,;/'A e Latitude: 3 5, 7,9 7 J a5
Evaluator: '3'f( County: Wey to Longitude: -78', 8)3.5>cgff
Total Points: Stream Determination (circle one) Other
Stream is at least intermittent © ' " Ephemeral intermittent Perennial e.g.Quad Name: <X
if?1.9 or perennial if 30'
A. Geomorphology (Subtotal= ,1. ) Absent Weak Moderate Strong
la.Continuity of channel bed and bank 0 1 3
_2. Sinuosity of channel along thalweg 0 1 § 3
3. In-channel structure: ex. riffle-pool, step-pool, 0 2 3
ripple-pool sequence
4. Particle size of stream substrate 0 (9 2 3
5,Active/relict floodplain 0 ) 2 3
6. Depositional bars or benches. 0 2 3
7. Recent alluvial deposits 0 2 3
8, Headcuts 0 1 (y) 3
9. Grade control 0 (0.5.) 1 1,5
10. Natural valley 0 ('0.5,} 1 1.5
11, Second or greater order channel No Q.) Yes=3
a artificial ditches are not rated;see discussions in manual
B. Hydrology (Subtotal = 5 )
12, Presence of Basefiow 0 ( ,) 2 3
_13. Iron oxidizing bacteria 0 (1.) 2 3
14, Leaf litter 1.5 1 (d) 0
15. Sediment on plants or debris 0 (1. 1 1.5
16. Organic debris lines or piles 0 (0.5 1 1.5
17. Soil-based evidence of high water table? No Yes=3
C. Biology (Subtotal = `if, 75 )
18. Fibrous roots in streambed 3 t_22) 1 0
19. Rooted upland plants in streambed 3 1 0
20. Macrobenthos(note diversity and abundance) iO
1 2 3
21.Aquatic Mollusks 1 2 3
22. Fish 0.5 1 1.5
23. Crayfish , 0.5 1 1.5
24.Amphibians 0 0.5 1 1.5
25.Algae l J 0.5 ,,..� 1 1,5
26.Wetland plants in streambed FACW 0.75 ibBL= 1.5 Other=0
*perennial streams may also be identified using other methods.See p,35 of manual.
Notes: 1
Sketch:
i

NC DWQ Stream Identification Form Version 4.11 Ec- w a
Date: //?p/lc,
Projectlsite: V',te- Latitude: 3 S, 70 g'07a.
Evaluator: �7 l�e/(,:-.- County: WAtt Longitude: -7 3), fiY‘. _cgS
Total Points:
Stream Is at least intermittent ,;., ' Stream Determination (circle one) Other 4(----v
if> 19or.erennialifz30" Ephemeral Intermittent Perennial e.g. Quad Name:
A. Geomorphology (Subtotal . /3 ) Absent Weak
1a.Continuity of channel bed and bank Moderate Strong 7
0 1 3
2. Sinuosity of channel along thalweg 0 1 (((���JJJ 3. In-channel structure:ex. riffle-pool, step-pool, 3
ripple-pool sequence 0 1 t 3
4. Particle size of stream substrate 0 1 .r) 3
5.Active/relict floodplain 0 2
6. Depositional bars or benches 3
0 1 2 3
7. Recent alluvial deposits 0 (i 2 3
8. Headcuts 0 12 2 3
9. Grade control _ 0 _ 0.5 1 1,5
10. Natural valley 0 _0.5) 1 1,5
11. Second or greater order channel (�No 0 Yes=3
a artificial ditches are not rated:see discussions in manual
B. Hydrology (Subtotal = 5: )
12. Presence of Baseflow 0 (1) 2 3
_13. Iron oxidizing bacteria (0) r 1 2 3
14. Leaf litter 1.5 - 1 (0.5) 0
15. Sediment on plants or debris o 0,5
1 1.5
16. Organic debris lines or piles • 0
�0 5 1
17, Soil-based evidence of high water table? Noµ 0 1.5
(Yes=s
C, Biology (Subtotal = 'f )
18. Fibrous roots in streambed 3 2 CV 0
19. Rooted upland plants in streambed 3 ( ) 1 0
20. Macrobenthos(note diversity and abundance) C15? 1 2 3
21. Aquatic Mollusks2 3
q 1
22, Fish E-i 0.5 1 1.5
23. Crayfish 0 of5 1
1.5
24.Amphibians 0 0,5 1 _ 1.5
25.Algae (0) 0,5 1 1.5
26.Wetland plants in streambed FACW=0,75; OBL= 1.5 Other=0
'perennial streams may also be Identified using other methods.Seep.35 of manual.
Notes:
Sketch:

NC DWQ Stream Identification Form Version 4.11 ,1h ve l / eV ff ehoe
Date /�a3/� Project/Site: /fv'./uie Latitude;35, 70?35?
;
Evaluator: may- County: ienee Longitude:-78: RYIY37
Total Points: Stream Determination(circle one) Other (f
Stream is at feast intermittent /3,at- Ephemeral Intermittent Perennial e.g. Quad Name: „ie
ic
i(>_19 or perennial if z 30'
A. Geomorphology (Subtotal = R ) Absent Weak Moderate Strong
la Continuity of channel bed and bank 0 �1� ) 3
V
2, Sinuosity of channel along thalweg 0 2 3
3, In-channel structure:ex. riffle-pool,step-pool, 0 6) 2 3
ripple-pool sequence 3
4. Particle size of stream substrate 0 l% 2
5:Active/relict floodplain CP 1 2 3
6. Depositional bars or benches 0 11 2 3
7. Recent alluvial deposits 0 2 3
8. Headouts "✓ 1 2 3
9, Grade control 0 0 5 1 1.5
10. Natural valley 0 1 1,5
11. Second or greater order channel No 79 Yes=3
a artificial ditches are not rated;see discussions in manual
B. Hydrology (Subtotal = /.S )
12. Presence of Baseflaw D 1 2 3
13, Iron oxidizing bacteria 0 1 2 3
14. Leaf litter 1.5 1 0.5 0
15.Sediment on plants or debris 0 1110 1.5
16. Organic debris lines or piles 0 CO 1 1.5
17, Soil-based evidence of high water table? No=ID Yes=3
C. Biology (Subtotal = q ) r
18. Fibrous roots in streambed 3 (' 1 0
19, Rooted upland plants in streambed 3 i��1 1 0
20, Macrobenthos(note diversity and abundance) 1 2 3
21.Aquatic Mollusks 1 2 - 3
22, Fish 0.5 1 1.5
23.Crayfish 0.5 1 1.5
24.Amphibians I 0.5 1 1.5
25.Algae 0.5 1 1.5
26.Wetland plants in streambed , FACW=0.75; OBL= 1.5 Other=0
*perennial streams may also be identified using other methods.See p.35 of manual.
Notes:
Sketch:

O' Michael F.Easley,Governor
`0 C. William G.Ross Jr„Secretary
fi) 37 North Carolina Department of Environment and Natural Resources
Col=H.Sullins,Director
Division of Water Quality
December 21,2007
DWQ EXP# 07-2157
Wake County
Bill Peebles
130 Edinburgh S uth, Suite 204
Cary, NC 27511
Subject Property Aquiline Site
On-Site Stream Intermittent/Perennial Determination-EXPRESS REVIEW PROGRAM
On December 20, 2007, at the request of from Mr. Jay Keller,an on-site determination was conducted to review
two stream features located on the subject property to determine their intermittent/perennial status. The features
are labeled as"A"and"B"on the attached map, initialed by Lia Myott on December 21, 2007. The Division of
Water Quality(DWQ)has determined that the following:
+ Feature"A" is an isolated intermittent stream from the flag labeled "Al"to the flag"A2"and from the
flag"A3"(located at the breached dam of the old pond)to"A4", At flag"A5",the feature becomes an
intermittent stream(not isolated)and transitions to a perennial stream at flag"A6".
• Feature"B" is an intermittent stream beginning on the downstream side of the pipeline (flag"B!").
This on-site determination shall expire five(5)years from the date of this letter.
This letter only addresses the intermittent/perennial status of the stream features listed above according to current
DWQ standards and does not approve any activity within the streams or address features that were not observed
during the site visit. Nor does this letter approve any activity within Waters of the United States or Waters of the
State. If you have any questions, please contact Lia Myott at 919,733.9502.
Sincerely,
4,41_,(4
• Coleen H. Sullins
NC Division of Water Quality
CHSIcbk/lem
Attachments: Wake County Soil Survey,USGS Topo Quad Map
cc: Mr. Jay Keller, 7921 Haymarket Lane, Raleigh,NC 27615
File Copy
Central Files
Lauren Witherspoon, DWQ Raleigh Regional Office
Npr hCnroIina
401 Oversight/Express Review Permitting Unit Naturally
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]!FAX [phone]/Internet:Itttpalh2o,enr,statc,ne.us/ncwethtnds
A ilvl h Fr rrraliJP Amin.+RInnI"Vrr—Gno/l2 erg/Of-AA ft0I Pn. C'nnCi,n, r Pan,',

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:: WithersRavenel
Our People.Your Success.
APPROVED
JURISDICTIONAL
DETERMINATION

U.S. ARMY CORPS OF ENGINEERS COPY
WILMINGTON DISTRICT
Action Id. SAW-2008-00683 County: Wake U,S.G.S. Quad:NC-APEX
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Aquiline Anex Owner
Attn: Bill Harr'2an
Address: 535 Madison Avenue,27th floor
New York,NY 10022
Telephone Number:
Size(acres) 48 Nearest Town Anex
Nearest Waterway Middle Creek River Basin Upper Cape Fear.North Carolina.
USGS.HUC 3030004 Coordinates Latitude:35.7087202171391
Longitude:-78.8402212667766
Location description: The property is approximately 48 acres located adlacent to East Williams St..and contains
several Jurisdictional wetlands and stream channels that flow to Middle Creek,in the Cane Fear River basin. near the
town of Apex,Wake County,North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information,there may be waters of the U.S. including wetlands on the above described project area
We strongly suggest you have this property inspected to determine the extent of Department of the Army(DA)
jurisdiction. To be considered final,a jurisdictional determination must be verified by the Corps. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33
CFR Part 331). 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.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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.
X There are waters of the U.S. including wetlands on the above described 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 strongly suggest you have the waters of the U.S.including wetlands on your project area delineated. Due to the
size of your property and/or our present workload,the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation,you may wish to obtain a consultant. To be considered final,any
delineation must be verified by the Corps.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps, We strongly suggest you have this delineation surveyed. Upon completion,this survey should be
reviewed and verified by the Corps. Once 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.
Page 1 of 2

X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on March 23. 2015. 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 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
(LAMA), 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 and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311), If you have any questions regarding this
determination and/or the Corps regulatory program, please contact James Lastinger at 919-554-4884 x32 or
James.C.Lastint?er4 usace.army.m11.
C. Basis For Determination: Stream channels on site exhibit an established OHWM. Wetlands on site exhibit
the three criteria as described in the Corps 1987 wetland delineation Manual and appropriate regional supplement,
D. Remarks: Previous iurlsdictional determination issued on 5/8/2008, and has since expired. No changes were
noted on the property.
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
11, 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: Jason Steele, 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 May 22,2015.
**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: March 23, 2015
iration Date: March 23, 2 t 19

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 our Customer Satisfaction Survey, located online at
http://regulatory.usacesurvey.com/.
Copy:
Keller Environmental,LLC
Attn:Jay Keller
7921 Haymarket Lane
Ratei2h,NC 276I5
[phone]

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
Imo REQUEST FOR APPEAL
Applicant: Bill HaulEan File Number:SAW-2008-00683 Date: Mardi 23,20I5
Aquiline Apex Owner
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A
PROFFERED PERMIT(Standard Permit or Letter of permission) B
❑ PERMIT DENTAL 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 al http://www.usace.army.mil/Missions/Civil Works/RegulatoryProgramandPermits.aspx or
Corps regulations at 33 CPR 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 abject 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 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.
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 1I-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,Jason Steele,Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-PDO
Attn:James Lastinger,Regulatory Specialist U.S.Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Dr.,suite 105 60 Forsyth Street,Room I0M I S
Wake Forest,NC 27587 Atlanta,Georgia 30303-8801
919-554-4884 ext 32 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 investi aliens.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer,Wilmington Regulatory Division;Janes Lastinger,
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.Jason Steele,
Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801
Phone: [phone]

:: WithersRavenel
Our People.Your Success.
NCNHP PROJECT
REVIEW LETTER

• ■■■
■■ • NC DEPARTMENT OF
■ ■•■E NATURAL AND CULTURAL RESOURCES
• ■■■
July 7, 2022
Rick Trone
Withers & Ravenel
115 MacKenan Drive
Cary, NC 27511
RE: Aquiline Subdivision 02201070.00
Dear Rick Trone:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-18544
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 [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES
Q 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 'M9.707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Aquiline Subdivision
Project No. 02201070.00
July 7, 2022
NCNHDE-18544
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID cientific Name Common Name Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date dm Rank < • i
Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very Significantly G5 S2?
Damselfly Low Rare
Vascular Plant 16175 Carex meadii Mead's Sedge 1963-06-10 H 3-Medium Endangered G4G5 S1
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name
NC Department of Transportation Mitigation Site
NC Department of Transportation Mitigation Site
Town of Apex Greenway
a Owner Type
NC Department of Transportation State
NC Department of Transportation State
Town of Apex Local Government
wner
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on July 7, 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-18544: Aquiline Subdivision
ft
' Ra
00
o-
s Salem St
5
pex Peakway
540
480 ft
[55I
Knights Play
Golf Center
494ft
504 ft
0.28 - 0.55 1.1 Miles
I I I 1 1 1 1 1
July 7, 2022
Managed Area (MAREA)
❑ Buffered Project Boundary
❑ Project Boundary
Sources. Esri, Airbus DS. USGS. NGA. NASA, CGIAR. N Robinson. NOEAS.
NLS. OS, NMA. Geodatastyrelsen, Rijkswaterstaat GSA, Geoland FEMA,
Intermap and the GIS user community
Sources. Esri, HERE. Garmin. FAO. NOAA, USGS. © OpenStreetMap
contributors, and the GIS User Community
Page 3 of 3

::WithersRavenel
Our People. Your Success.
USFWS IPaC
SPECIES LIST

7/7/22, 7:53 AM IPaC: Explore Location resources
IPaC
U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical
habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's
(USFWS) jurisdiction that are known or expected to be on or near the project area referenced
below. The list may also include trust resources that occur outside of the project area, but
that could potentially be directly or indirectly affected by activities in the project area.
However, determining the likelihood and extent of effects a project may have on trust
resources typically requires gathering additional site -specific (e.g., vegetation/species
surveys) and project -specific (e.g., magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact information for the
USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to
each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI
Wetlands) for additional information applicable to the trust resources addressed in that
section.
Location
Wake County, North Caroli
Local office
Raleigh Ecological Services Field Office
t. [phone]
I [phone]
https://ipac.ecosphere.fws.gov/location/JO6YQ6MYHZE6ROTFXB7EJ22UQU/resources 1/14

7/7/22, 7:53 AM
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
IPaC: Explore Location resources
CI\4
°c11/4
\V
00\'s
Off'
https://ipac.ecosphere.fws.gov/location/JO6YQ6MYHZE6ROTFXB7EJ22UQU/resources 2/14

7/7/22, 7:53 AM IPaC: Explore Location resources
Endangered species
This resource list is for informational purposes only and does not constitute an analysis
of project level impacts.
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI includes
areas outside of the species range if the species could be indirectly affected by activities in
that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at
the dam site, may indirectly impact the species by reducing or eliminating water flow
downstream). Because species can move, and site conditions can change, the species on this
list are not guaranteed to be found on or near the project area. To fully determine any
potential effects to species, additional site -specific and project -specific information is often
required. tNit
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 species1 and their critical habitats are managed by the Ecological Services Program of
the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic
and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also
shows species that are candidates, or proposed, for listing. See the listing status page for
more information. IPaC only shows species that are regulated by USFWS (see FAQ).
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2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office
of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
The following species are potentially affected by activities in this location:
Birds
NAME STATUS
Red -cockaded Woodpecker Picoides borealis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Fishes
NAME
Endangered
Cape Fear Shiner Notropis mekistocholas . Endangered
Wherever found
/110
There is final critical habitat for this species. The location of th
3
critical habitat is not available.
https://ecos.fws.gov/ecp/species/6063
OCI‘
Insects
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
Candidate
NAME STATUS
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
Endangered
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Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden
Eagle Protection Acts.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and
consider implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
1
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/I i b ra ry/collections/avoiding-and-minimizing-incidental-ta ke-
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 your migratory bird report, can be found below.
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For guidance on when to schedule activities or implement avoidance and minimization
measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF
PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be
present and breeding in your project area.
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.
https://ecos.fws.gov/ecp/species/1626
i
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
Eastern Whip -poor -will Antrostomus vociferus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
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 (BCC) throughout its
range in the continental USA and Alaska.
BREEDING SEASON (IF A
BREEDING SEASON IS
INDICATED FOR A BIRD ON
YOUR LIST, THE BIRD MAY
BREED IN YOUR PROJECT AREA
SOMETIME WITHIN THE
TIMEFRAME SPECIFIED, WHICH
IS A VERY LIBERAL ESTIMATE
OF THE DATES INSIDE WHICH
THE BIRD BREEDS ACROSS ITS
ENTIRE RANGE. "BREEDS
ELSEWHERE" INDICATES THAT
THE BIRD DOES NOT LIKELY
\BREED IN -YOUR PROJECT
AREA.)
Breeds Sep 1 to Jul 31
Breeds May 15 to Oct 10
Breeds May 1 to Aug 20
Breeds May 1 to Jul 31
Breeds Apr 1 to Jul 31
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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.
Probability of Presence Summary
Breeds May 10 to Sep 10
Breeds May 10 to Aug 31
The graphs below provide our best understanding of when birds of concern are most likely
to be present in your project area. This information can be used to tailor and schedule your
project activities to avoid or minimize impacts to birds. Please make sure you read and
understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before
using or attempting to interpret this report.
Probability of Presence (�) 4 IX
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. �••r
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 ( )
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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 ( )
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data ( )
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are
based on all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season 1 survey effort no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non -BCC
Vulnerable
(This is not a
Bird of
Conservation
Concern (BCC)
in this area, but
warrants
attention
because of the
Eagle Act or for
potential
susceptibilities
in offshore
areas from
certain types of
development
or activities.)
4111 1111 1111 11-11 I1I1#iZt)+++��iii 1111 iiii 1111
00'
lopirt.1
cl
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Black -billed ++-1 1 I+++ ++++ +++I 4 I-++ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I F++ ++++
Cuckoo
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental
USA and
Alaska.)
Eastern Whip -
poor -will
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental
USA and
Alaska.)
++++ ++++ ++++ ++++ ++++ ++ i i i i i i i i + ++++ ++++ ++++ ++++
Prairie Warbler +++1 1 fil III+ III+ t I I
BCC Rangewide y�
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental
USA and
Alaska.)
Prothonotary f+++ 1 I++++ -I I I I I I III 144 1 I 1 1 f++++ ++++ ++++ ++++ ++++
Warbler
BCC Rangewide
+++0 ++++ ++I+ ++++ ++++
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental
USA and
Alaska.)
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Red-headed TTf I I4 I I I I I I++ +1 I I I I I I I I it 111. +11+ +i++ 111+ +Hi +++I
Woodpecker
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental
USA and
Alaska.)
Wood Thrush ++++ ++++ ++++ +1 � � 1144 111 i+++ ++++ +++I I+++ ++++ ++++
BCC Rangewide _ �
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental
USA and
Alaska.)
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory
Nit. it Immo
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.
birds.
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 (Eagle Act requirements may apply), or a species that has a
particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.
It is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the AKN Phenology Tool.
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What does IPaC use to generate the probability of presence graphs for the migratory birds potentially
occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by
the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and
citizen science datasets .
Probability of presence data is continuously being updated as new and better information becomes
available. To learn more about how the probability of presence graphs are produced and how to interpret
them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering,
migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All
About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of
Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season
associated with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in
your project area.
r
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.
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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. A
Coastal Barrier Resources System
Projects within the John H. Chafee Coastal Barrier Resources System (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 or visit the CBRA
Consultations website. The CBRA website provides tools such as a flow chart to help
determine whether consultation is required and a template to facilitate the consultation
process.
THERE ARE NO KNOWN COASTAL BARRIERS AT THIS LOCATION.
Data limitations
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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.gov/service/coastal-barrier-resources-system-property-documentation
Data exclusions
CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on the location
of the unit). The true seaward extent of the units is not shown in the CBRS data, therefore projects in the
offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas projects) may be
subject to CBRA even if they do not intersect the CBRS data. For additional information, please contact
[e-mail].
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must
undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the
individual Refuges to discuss any questions or concerns.
THERE ARE NO REFUGE LANDS AT THIS LOCATION.
Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands Inventory
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.
WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME
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This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or
for very large projects that intersect many wetland areas. Try again, or visit the NWI map to
view wetlands at this location.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of
high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A
margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular
site may result in revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image
analysts, the amount and quality of the collateral data and the amount of ground truth verification work
conducted. Metadata should be consulted to determine the date of the source imagery used and any
mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There
may be occasional differences in polygon boundaries or classifications between the information depicted
on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also
been excluded from the inventory. These habitats, because of their depth, go undetected by aerial
imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or
products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local
government or to establish the geographical scope of the regulatory programs of government agencies.
Persons intending to engage in activities involving modifications within or adjacent to wetland areas should
seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory
programs and proprietary jurisdictions that may affect such activities.
https://ipac.ecosphere.fws.gov/location/JO6YQ6MYHZE6ROTFXB7EJ22UQU/resources 14/14

Lill WithersRavenel
Our People. Your Success.
WILDLANDS STATEMENT
OF AVAILABILITY FOR
STREAM MITIGATION

WILDLANDS
HOLDINGS U
Statement of Availability I Cape Fear 04 Watershed
July 25, 2022
Madison Capital Group, LLC
Attn: Ms. Rebecca Levell
6805 Morrison Blvd., Suite 250
Charlotte, NC 28211
704-491-5255 I [e-mail]
RE: Availability of Stream and Riparian Wetland Credits for the "Aquiline Subdivision" project
Bank Name: Middle Cape Fear Umbrella Mitigation Bank
Bank Site: Daniels Creek Mitigation Site
Bank Sponsor: Wildlands Holdings IV, LLC
USACE Action ID No. SAW-2017-00998
Permittee: Madison Capital Group
Stream Credits Needed: 528.00 LF
Stream Credits Available: 637.00 LF
Cape Fear 03030004 River Basin
Dear Ms. Levell,
Wildlands Holdings IV, LLC currently has sufficient stream credits from the Middle Cape Fear Umbrella
Mitigation Bank: Daniels Creek Mitigation Site to satisfy the mitigation requirements related to the
above -mentioned project. The project is located within the Cape Fear HUC 03030004 watershed.
This letter is simply a statement of availability of credits as of the date written. Although current
inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first
serve basis. An invoice for this transaction will be sent upon your request and we will formally reserve
both the credits and price quoted for a period of 30 days from the invoice at no cost.
Final transfer of the credits will be made upon completion of the Mitigation Responsibility Transfer Form
within the 404 permit approving the mitigation purchase from the Bank and upon receipt of your
payment to Wildlands Holdings IV, LLC.
We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at
[phone] x124 or [e-mail] if you have any questions or need any additional
information.
Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 S. Mint Street, Suite 104, Charlotte, NC 28203

WILDLANDS
HOLDINGS
Sincerely,
Ashley N. Yarsinske
Wildlands Engineering, Inc.
Marketing & Credit Sales
[e-mail]
0: [phone] ext. 124
M: [phone]
Cc: Mr. Lyle Phillips, Regulatory Specialist I USACE
Ms. Colleen Cohn, Environmental Specialist II I NCDWR
Mr. James Misciagno I Town of Apex, Water Resources
Mr. RickTrone I WithersRavenel
Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 S. Mint Street, Suite 104, Charlotte, NC 28203

::WithersRavenel
Our People. Your Success.
IMPACT EXHIBITS

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PROJECT INFORMATION
PROJECT SITE
SITE ACREAGE: 48.04
PIN: 0741-72-5923
REAL ESTATE ID: 0174350
1. EXISTING SURVEY PROVIDED BY WITHERSRAVENEL ON
01/20/2021
2. THE SITE IS LOCATED IN THE CAPE FEAR/ JORDAN BASIN
LEGEND:
1
STREAM FUNCTIONAL LOSS
"1.
S-1 PERMANENT IMPACT
LF OF STREAM= 264'
AREA DISTURBED= 1471 SF 0.034 AC.)
1
ki\\
\NA
STREAM IMPACTS
MAP
IMPACT
NUMBER
IMPACT
SPECIFICATION
TEMPORARY
PERMANENT
AREA
AREA
LENGTH
AREA
AREA
(AC)
(SF)
(LF)
(AC)
(SF)
NOTES:
1. NO WETLANDS ARE IMPACTED ON THIS SITE
2. ASSUMED STREAM WIDTHS FIAVE BEEN USED TO
ESTIMATE IMPACTS TO STREAMS.
DISSWATOR FOOL
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APRON
TOP OF 'RIP RAP 7
CHANNEL
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TOP OF RIP RAP
TO MATCH
STREAM CONTOUR
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CO
115 MacKenan Drive I Cary, NC 27511 I t: 919.469.3340 I license #: F-1479 I www.withersravenel.com
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APEX, NORTH CAROLINA
i,,A":6R-4,:e.00;;°_ ; 70° /frvs°8 0.,„./.1;°;\
00060.0000
INITIAL PLAN DATE: 6/28/2022
REVISIONS:
VVR Job No. DATE
02201070 06/28/2022
MAP
your success
our people

plan