20221404 Ver 1_ePCN Application_20221006

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
5/2/2022
BIMS # Assigned* Version#*
20221404 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
Huxley
la. Who is the Primary Contact?*
Deborah Shirley
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Colleen Cohn:eads\cmcohn
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
10/6/2022
Nearest Body of Water
Reedy Branch
Basin
Cape Fear
Water Classification
WS-IV;NSW
Site Coordinates
Latitude: Longitude:
35.729195 -78.916459
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
NWP 3 (Dam Rehab)
Id. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Judy G. Hackney & Edwin Goodwin
2b. Deed book and page no.:
DB: 13-E DP: 3764, DB: 003195 DP: 00151 & DB: 003195 DP: 00149
2c. Contact Person:
2d. Address
Street Address
2505 Olive Chapel Rd
Address Line 2
City
Apex
Postal / Zip Code
27502
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Randy King
3b. Business Name:
Pulte Home Company LLC
3c. Address
Street Address
1225 Crescent Green Drive, Suite 250
Address Line 2
City
Cary
Postal / Zip Code
27518
3d. Telephone Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil & Environmental Consultants, PA
4c. Address
Street Address
8412 Falls of Neuse Road, Suite 104
Address Line 2
City
Raleigh
Postal / Zip Code
27615
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:
[phone]
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Apex
2. Project Identification
2a. Property Identification Number:
0722406699, 0722411102, 0721492956 &
0721491564
2b. Property size:
+/- 73.2

2c. Project Address
Street Address
2505 Olive Chapel Road
Address Line 2
City State / Province / Region
Apex NC
Postal / Zip Code Country
27502 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Reedy Branch
3b. Water Resources Classification of nearest receiving water: *
WS-IV;NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020609
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Existing conditions onsite consists primarily of forested land and field areas as well as some rural single-family homes. Specifically, there are eight (8) wetland features (W1-W8), two (2)
ponds (Pond 1 & 2), two (2) intermittent streams (SB & SC), and one (1) perennial stream (SA) located on property. General land use in the vicinity of the project consists of forested land
with residential neighborhoods. Olive Chapel Road bounds the property to the south.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 0.29 acres
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 300 LF
4h. Explain the purpose of the proposed project: *
The purpose of this project is to construct a mixed use single family and multi -family residential development and its necessary infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project consists of the construction of a single-family and multi -family residential development including but not limited to; roadway infrastructure, residential lots, utilities, and
SCMs. Specifically, there is one (1) road crossing that impacts streams, one (1) wetland impact associated with a greenway, one (1) wetland impact for a utility/greenway crossing and a
dam rehab. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2020-01905
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Steven Ball
Sot & Environmental Consultants, PA
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE: Site visit and jurisdictional determination issued by Samantha Dailey on December 14, 2020.
Town of Apex: Site visit and determination issued on November 9, 2020 by Jessica Bohn (Apex 20-004).
6. Future Project Plans
6a. Is this a phased project?*
Yes • No

Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type*(?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
Impact 1 (W1)
Greenway Mulch trail &
Grading
P
Headwater Forest
W8
Yes
Both
0.002
(acres)
Impact 2 (W3)
Greenway Mulch Trail &
Grading
P
Bottomland Hardwood Forest
W7
Yes
Both
0.030
(acres)
Impact 2 (W2)
Utility Crossing
(Permanent -No
Permanent Loss)
P
Bottomland Hardwood Forest
W7
Yes
Both
0.038
(acres)
Impact 3 (W1)
Dam Rehab Grading
P
Bottomland Hardwood Forest
W1
Yes
Both
0.069
(acres)
Impact 3 (W2)
Dam -Temporary
Construction Access
T
Bottomland Hardwood Forest
W1
Yes
Both
0.041
(acres)
2g. Total Temporary Wetland Impact
0.041
2g. Total Wetland Impact
0.180
2g. Total Permanent Wetland Impact
0.139
2i. Comments:
Total permanent loss wetland = 0.101 acres; Total permanent -no permanent loss wetland = 0.038 acres; Total temporary stream = 0.041 acres;
3. Stream Impacts
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Impact 1 - Road Crossing -
Culvert (S2)
Permanent
Culvert
Stream B
Intermittent
Both
6
Average (feet)
109
(linear feet)
S2
Impact 1 - Road Crossing -
RipRap (Permanent -No
Permanent Loss) (S3)
Permanent
Other
Stream B
Intermittent
Both
7
Average (feet)
17
(linear feet)
S3
Impact 1 - Road Crossing -
Construction Access (S1 &
S4)
Temporary
Other
Stream B
Intermittent
Both
7
Average (feet)
48
(linear feet)
S4
Impact 3-Dam Rehab
Grading and RipRap (S2)
Permanent
Dam construction
Stream C
Intermittent
Both
6
Average (feet)
25
(linear feet)
S5
Impact 3-Dam Rehab-
Temporary Construction
Access (S1)
Temporary
Dam construction
Stream C
Intermittent
Both
3
Average (feet)
19
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
151
3i. Total stream and ditch impacts:
218
3i. Total temporary stream impacts:
67
3j. Comments:
Total permanent loss stream = 134 LF; Total permanent -no permanent loss stream = 17 LF; Total temporary stream = 67 LF; Temporary stream impacts
will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized.
4. Open Water Impacts

4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
Impact 3
Temporary Excavation
Access
T
Pond 1
Other
Pond
0.16
4g. Total temporary open water Impacts:
0.16
4g. Total open water impacts:
0.16
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.00
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland delineation and buffer evaluation for the entire property so that natural resources can be identified and impacts minimized to
the maximum extent practicable. Impact area 1 (S1) is proposed permanent, permanent -no permanent loss, and temporary stream impacts for a road
crossing. This road crossing is necessary to provide access to the lots on the western side of the development. The proposed crossing has been
designed to cross the stream at a perpendicular angle. During construction, temporary coffer dams, sediment bags, and pump will be utilized to
construct the crossing in the under dry conditions. A riprap dissipator will be placed at the end of the downstream outlet to reduce stream velocities and
minimize stream degradation. Impact area 1 (W1) is proposed permanent wetland impacts for a greenway and grading. The greenway is a proposed 5'
mulch trail that has been shifted west to minimize total wetland impacts. Impact area 2 is proposed permanent and permanent -no permanent loss
wetland impacts for a 5' wide mulch greenway trail and utility crossing. The utility and mulch greenway will cross the wetland at a narrow point and will
share the same easement which minimizes the impacts to the natural resources. The utility crossing is necessary to provide sanitary sewer to the
development and connect to the existing sewer easement on the north side of the development. Impact Area 3 is proposed dam rehabilitation work that
is being required by Dam Safety, see Notice of Inspection letter dated August 5, 2019 from NCDEQ-Land Quality Section.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Stream Crossings will include either a stream diversion or pump -around. Work in wetland areas will be limited and will utilize mats or other means to
avoid and minimize impacts. The Erosion Control plan will be approved by Apex and will specify measures such as silt fence and sediment basins to
avoid offsite sedimentation.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
cane creek umbrella mitigation banking site: Bethel Branch Mitigation Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Riparian wetland
3c. Comments
Quantity:
0.24
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No

What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Town of Apex
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.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and
silvicultural operations. The Huxley project is a residential development. Additionally, the project is located within the Town of Apex ETJ, therefore
the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Jordan Watershed
Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to "diffuse flow"
requirements and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; 2) the Water Supply, Watershed
Protection Program which limits development densities as well as requires protective riparian buffers; and 3) the Phase II NPDES Stormwater Permit
Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction
stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
non -discharge, connecting to an existing sanitary sewer easement that crossing through the property to the north.
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?*
Yes No

5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a
query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on
March 08, 2022. Determinations made by S&EC are that the proposed project is not likely to adversely affect any federally -listed endangered or
threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). Please
see attached S&EC Threatened & Endangered Species report. USFWS provided an email on August 4, 2022 that they concurred with the S&EC
determinations, email attached.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Froehling & Robertson submitted a request to the State Historic Preservation Office on September 1, 2020. They received response from SHPO on
October 8, 2020 determining that no historic resources would be affected by the project. Response letter attached.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
Yes, some work will be conducted along the northern side of the site that is within the FEMA 100-year floodplain. The project has been reviewed by the
Town of Apex and found to be outside of the regulatory Floodway.
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
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
Huxley Attachments.pdf
File must be PDF or KMZ
Comments
Signature
19.4MB
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and

The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Deborah E. Shirley
Signature
.9e.boith e_ S4ile/
Date
10/6/2022

Environmental. Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandec.cam
AGENT AUTHORIZATION
Project Name/Description: Huxley S&EC Project# 13566
Date: 0 a-2t ♦'t.�
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: —Lyle Phillips Field Office: _Raleigh Regulatory Field Office
1, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for
the processing, issuance and acceptance of a permit or certification and any and all associated standard
and special conditions. This notification supersedes any previous correspondence concerning the agent for
this project.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN):.0722406699. 0722411102, 0721492956 & 0721491564
Site Address: 2500 Olive Chapel Rd
City, County, State: Apex, Wake County, NC _
Name: 14 IV 9 1v
Mailing ddress: t1,1 ' w..►t
TelephoneAtV4.).
mber: _q�4-3G?- Ys
Email: khVe. 0— 60&. -
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Applicy�apt
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Applicant Signature
Date
L.
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We hereby certify the above Informatlon subm/tted In th/s app/Icatlon Is true and accurate to
the best of our knowledge,

Project Number:
13566.W1
Project Manager:
BZ
Scale:
1" = 400'
Date:
6/4/2018
V
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Map Title:
Figure 1 - USGS Map
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Wake County, NC
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Date' Source: Wake County Soil & Eiivironmental Consultants, PA
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Deborah Shirley
From: Camden Brunick
Sent: Monday, May 2, 2022 12:36 PM
To: 401 [e-mail]
Subject: Huxley - Pre -filing Meeting Request
Attachments: Huxley - overall.pdf
Good afternoon Colleen,
This pre -filing meeting request is for the Huxley project located at 2500 Olive Chapel Road in Apex, Wake County, NC
and is approximately 73 acres. Existing conditions onsite consists primarily of forested land and field areas as well as
some rural single-family homes. General land use in the vicinity of the project consists of forested land with residential
neighborhoods. Olive Chapel Road bounds the property to the south. The overall project consists of the construction of
a mixed use single-family and multi -family residential development including but not limited to; residential lots, utilities,
roadway infrastructure, and SCMs. Specifically, there is one road crossing that impacts streams and one utility crossing
that impacts wetlands. Please see the attached overall site plan and note that this may change as we are working with
the engineers to minimize impacts. Also, note that these impacts being permitted are specifically for the residential
portion and does not include the road impacts associated with Hasse Ave.
Project Name: Huxley
County: Wake
Applicant Name: Pulte Home Company, LLC (Attn: Randy King)
Applicant Email: [e-mail]
Thank you,
CAMDEN BRUNICK
Environmental Consultant
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
[phone](cell)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01905 County: Wake County U.S.G.S. Quad: New Hill
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant: Judy Hackney
Address: 2505 Olive Chapel Road
Apex, North Carolina 27502
Size (acres) —80
Nearest Waterway Reedy Branch
USGS HUC 03030002
Nearest Town Apex
River Basin Cape Fear
Coordinates Latitude:35.73
Longitude:-78.91626
Location description: The project study area is located at 2500 Olive Chapel Road, in Apex, Wake County, North Carolina.
The project study area is highlighted within the red polygon on the enclosed "Wetland Sketch Map" dated December 4, 2020.
The Approved Jurisdictional Determination area is highlighted on the enclosed "Wetland Sketch Map" within the green
polygon.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore, this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
_ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
Page 1 of 5

SAW-2020-01905
_ 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.
_ 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 . 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, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact George Phillips at [phone] X 25 or
Geo rge.L.Phillips(a,u sace.armv.mil.
C. Basis for Determination: See attached Approved JD forms.
D. Remarks: A combined Approved, and Preliminary Jurisdictional Determination was conducted.
Please see the attached forms.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the site identified in this request. This delineation
and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as
amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the
applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNIN&USACE.ARMY.MIL
Page 2 of 5

SAW-2020-01905
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 February 12, 2021.
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: December 14, 2020 Approved Jurisdictional Determination Expiration Date: December 14, 2025
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://cop2smgpu.usace.army.mil/cm_apex/f?p=136 * 0.
Copy Furnished:
Soil and Environmental Consultants
Steven Ball
8412 Fall of Neuse Road
Raleigh, NC, 27615
Page 3 of 5

SAW-2020-01905
PNOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Judy Hackney
File Number: SAW-2020-01905
Date: December 14,
2020
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.miUMissions/CivilWorks/RegulatoiyProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers 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 division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
Page 4 of 5

SAW-2020-01905
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
US Army Corps of Engineers
Attn: George Phillips
South Atlantic Division
3331 Heritage Trade Drive
Attn: Mr. Philip A. Shannin
Wake Forest, North Carolina 27587
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNIN (&USACE.ARMY.MIL
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 appeal process. You will be provided a 15-day notice of any
site investi ation and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: George Phillips, 3331 Heritage Trade Drive, Wake Forest,
North Carolina 27587
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. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone], PHILIP.A.SHANNIN(&USACE.APMW.MIL
Page 5 of 5

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: December 14, 2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Steven Ball - 8412 Falls of Neuse Road, Raleigh NC 27615
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Hackney Site, SAW-2020-01905
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Wake City: Apex
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.730000 Long.:-78.916260
Universal Transverse Mercator: 17S 688247 3956103
Name of nearest waterbody: Reedy Branch
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑x Office (Desk) Determination. Date: December 14, 2020
❑x Field Determination. Date(s): December 3, 2020
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
A
35.734343
-78.918292
915 LF
Perennial Stream
Section 404
B
35.731973
-78.919701
894 LF
Intermittent Stream
Section 404
C
35.731369
-78.916363
274 LF
Intermittent Stream
Section 404
W1
35.731348
-78.916429
0.13 ac
Wetland
Section 404
W2
35.732022
-78.916867
0.04 ac
Wetland
Section 404
W3
35.734160
-78.918503
0.99 ac
Wetland
Section 404

W4
35.733511
-78.919630
0.11 ac
Wetland
Section 404
W5
35.733486
-78.918951
1 .14 ac
Wetland
Section 404
W6
35.732861
-78.920325
0.03 ac
Wetland
Section 404
W7
35.732140
-78.920099
0.96 ac
Wetland
Section 404
W8
35.729975
-78.918329
0.91 ac
Wetland
Section 404
Pond 1
35.730495
-78.915785
2.77 ac
Pond
Section 404
Pond 2
35.728422
-78.918200
1.62 ac
Pond
Section 404

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

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Wetland Sketch Map
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
X❑SOffice concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
■❑ U.S. Geological Survey map(s). Cite scale & quad name:
1 "=400' & 2016 NC New Hill Quad
0 Natural Resources Conservation Service Soil Survey. Citation: Wake County Soil Survey Sheet 65
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is:
[] Photographs: ❑ Aerial (Name & Date):
or [C] Other (Name & Date):
(National Geodetic Vertical Datum of 1929)
Hackney Site Photos; September 14, 2020
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
y Digitally signed by Kevin Murphrey
Kevin M u rp h re
Date: 2020.10.29 09:27:41-04'00'
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 12/14/2020
ORM Number: SAW-2020-01905
Associated JDs: \l/A
Review Area Location': State/Territory: North Carolina City: Ape County/Parish/Borough: Wake
Center Coordinates of Review Area: Latitude 35.730000 Longitude-78.916260
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
❑ The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale:
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section 11.13).
❑ There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
❑x There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
10 Name
§ 10 Size
§ 10 Criteria
Rationale for § 10 Determination
N/A.
N/A I N/i
N/A.
N/A.
C. Clean Water Act Section 404
Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3
a 1 Name
a 1 Size
a 1 Criteria
Rationale fora 1 Determination
Tributaries a 2 waters):
a 2 Name
a 2 Size
a 2 Criteria
Rationale fora 2 Determination
N/A
N/A
N/A.
N/A.
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3 waters):
(a)(3) Name
(a)(3) Size
(a)(3) Criteria
Rationale fora 3 Determination
Adjacent wetlands ((a)(4) waters):
a 4 Name
a 4 Size
a 4 Criteria
Rationale fora 4 Determination
N/A.
N/A I
N/A.
Map(s)/figure(s) are attached to the AJD provided to the requestor
2 If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable
waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to
make a Rivers and Harbors Act Section 10 navigability determination.
3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific
segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-
alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form.
Page 1 of 3 Form Version 29 July 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
D. Excluded Waters or Features
Excluded waters ((b)(1) — (b)(12)):4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
Non -JD Pond
acre(s)
(b)(8) Artificial
Pond constructed in uplands.
lake/pond
constructed or
excavated in
upland or a non -
jurisdictional
water, so long as
the artificial lake
or pond is not an
impoundment of
a jurisdictional
water that meets
(c)(6).
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
Information submitted by, or on behalf of, the applicant/consultant: Wetland Sketch Map, dated
12/4/2020
This information sufficient for purposes of this AJD.
Rationale:
❑ Data sheets prepared by the Corps: Itle(s) and/or date(s).
0 Photographs: Other: Hackney Site Representative Photos; 9/14/2020
0 Corps site visit(s) conducted on: 12/3/2020
❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).
❑ Antecedent Precipitation Tool: provide detailed discussion in Section 111.B.
0 USDA NRCS Soil Survey: Figure 2 — Soil Survey Map; 6/4/2018
❑ USFWS NWI maps: itle(s) and/or date(s).
0 USGS topographic maps: Figure 1 — USGS Map; 6/4/2018
Other data sources used to aid in this determination:
Data Source (select)
Name and/or date and other relevant information
USGS Sources
Ivies.
USDA Sources
N/A.
NOAA Sources
N/A.
USACE Sources
SAW Regulatory Viewer; 12/11/2020
State/Local/Tribal Sources
N/A.
Other Sources
N/A.
4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district
to do so. Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area.
5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1)
exclusion, four sub -categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not
new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
Page 2 of 3 Form Version 29 July 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
B. Typical year assessment(s): N/A
C. Additional comments to support AJD:
Page 3 of 3 Form Version 29 July 2020_updated

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November 09, 2020
Steven Ball, RF, PWS
Project Manager
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
WATER RESOURCES DEPARTMENT
Subject: Stream Buffer Determination Apex 20-004
Hackney Site
Cape Fear River Basin
Dear Mr. Ball,
On November 9th, 2020, Mr. James Misciagno met with Kevin Murphrey at the subject site to evaluate
Five (5) 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 classifications as
shown on the attached sketch dated September 18 and initialed by James Misciagno on November 2,
2020
Drainage
Feature
Shown as
on USGS
Shown as on
Soil Survey
Determination made
in the field
Determined Buffer
Width
Feature A
Perennial
Perennial
Perennial
100 feet
Feature B
Intermittent
Perennial
Intermittent
50 feet
Feature C
Perennial
Intermittent
Intermittent
50 feet
Feature D
Not Present
intermittent
Ephemeral
0 feet
Feature E
Not Present
Perennial
Ephemeral
0 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,
4 ;>�
Jessica Bolin, PE
Environmental Engineering Manager
TOWN OF APEX
The Peak of Good Living
PO Box 25o Apex, NC 27502 1 [phone] 1 www.apexnc.org

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ROY COOPER
rJo"t'0 Cf
MIC:HAEL S. REGAN
.let Y •S,rr
S. DAN(EL SM[TH
Dire Tor'
Charles and Jury Hackney.
2505 Olive Chapel Road
Apex, NC 27502
Crescent Apex LLC
227 W. Trade Street
Suite 1000
Charlotte, NC 28202
Dear Sir or Madam:
NORTH CAROLINA
Environntenral Quality
NOTICE OF INSPECTION
July 16, 2019 (Revised 8/5/2019)
RE: Hackney Gardner Darn
Wake County, North Carolina
Cape Fear River Basin
The Dam Safety Law of 1967, as amended, provides for the certification and inspection of
dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of
such dams; to prevent injuries to persons, damage to property; and to insure the maintenance of
stream flows.
Our records indicate you are the owner of the referenced dace, which is located off Olive
Chapel Road. This dam was inspected on May 24, 2019, by personnel of the Division of Energy,
Mineral, and Land Resources (DEMLR). This inspection revealed the conditions outlined below:
l . Trees and bushes are growing primarily on the downstream slope of the darn, This type
of growth can cause problems by creating holes when trees are uprooted due to wind
or ice; by leaving possible seepage holes when trees die and their roots decay; and by
causing erosion of the darn around this growth should the dam overtop during heavy
rains. Therefore, we recommend that this type of growth be removed and a good grass
cover be established on the dam.
All trees less than or equal to six inches in diameter should be promptly removed by
cutting flush with the ground surface. Though it is not our policy to allow any tree
rr;rin C'nt \110Ci'.� -]n 9i:•I
F�3'a'1t'yl": 2rtlli:rl'-I (ft Prf` MLi•; 'i?i •. !r:. [`Mn; Nr i5c?+:g ar"+;;: f)+lye• Raleigh..Noi- 1 Carolina 2,09

Hackney Gardner Dam
WAKE-203
Page 2 of 3
growth on a dam, it is recommended that all trees with trunks greater than
approximately six inches in diameter (at chest height) not be removed without
engineering supervision. Removal of such trees that are in poor condition or otherwise
pose a threat to the structural integrity of the dam is strongly recommended and may
be required, In these cases, approval must be obtained from the Division of Energy,
Mineral, and Land Resources prior to removal. For additional guidance regarding the
impacts of woody vegetation on darns refer to FEMA Publication 534 "Technical
Manual for Darn Owaiers: Impacts of Plants on Earthen Dams" (you may download this
from. FEMA at: littps://www.fema.goy/media-library/assets/dociiments/1027)-.
2. The primary spillway riser pipe/trashrack appears to be askew and may be damaged.
Assessment of the condition or the riser should be made by a qualified engineer. Any
repairs undertaken will require prior approval by this Division.
3. The outlet end of the primary spillway barrel pipe through the dam is deteriorated from
lust. Deterioration of the barrel pipe can cause failure of the dam due to erosion through
deteriorated areas of the pipe within the dam. The extent of the deterioration should be
investigated fiirther. Be advised that repairs to the pipe require an engineer's design
and supervision and approval from this Department before any work can be done.
The following items pertinent to inaintenance.and operation of tiie dam are also recommended,
1. Maintain a ground cover sufficient to restrain accelerated erosion on all earthen portions
of the structure.
2. Periodically remove trees less than about six inches in diameter and thick undergrowth
from the slopes and crest of the dam, This will serve to prevent the formation of a root
system which might significantly increase seepage throughthe darn which could ultimately
result in failure of the structure; reduce the possibility of damage to the dam due to the
uprooting of trees by wind or other natural causes; and facilitate ease of inspection and
increase the likelihood of early detection of more serious problems connected with the darn.
S, Periodically remove all trees from the emergency spillway. This will maximize capacity
should the emergency spillway become active. Entrapment of debris can impede flow,
4. Periodically check the operation of all drain valve facilities. This will insure satisfactory
operation of the drains should an emergency situation arise.
5. Periodically monitor the subject dam and appurtenant works Mth respect to elements
affecting its safety, This is in light of the legal duties, obligations,.and liabilities arising
from the ownership and/or operation of a dam.

Hackney Gardner Darn
WAKE-203
Page 3 of 3
During this inspection, we also investigated the potential for property damage and loss of life
in the event that your darn fails. Due to residential development below the darn, the hazard
classification is currently under review.
Please be advised that though we make every reasonable effort to determine the
safety of your dam, our resources limit us to surficial inspection. There is no certainty
regarding the internal stability of the dam. Dams, and especially their spillways and
conduits, deteriorate with age. Therefore, you are advised to keep a close watch on your
dam and to notify us if you detect any changes, especially cracks, ground movements, or
changes in seepage rate or color.
Please note that any repair, modification, or permanent breach of your dam will
require prior approval from DEMLR under the Dam Safety Law of 1967 (NCGS §143-
215,23). Essentially, the Dam Safety Law requires dam owners to submit plans prepared
by a legally -qualified professional engineer for review and approval by DEMLR. The
engineer's design and application submittal must meet the requirements ofTitle 15A
Subchapter 2K of the North Carolina Administrative Code, which sets out minimum design
standards for dams under the jurisdiction of the Dam Safety Law to protect the
downstream public from the consequences of dam failure.
For additional assistance you may visit the DEMLR web site at
https://deq.nc.gov/abort/division/energy-iiiiner,il-laiict-resources.. The DEMLR Regional Office
may be contacted at 919-791-4200 and the Darn Safety Program in the DEMLR Central Office
may be reached at 919-707-9219.
Your cooperation and consideration in maintaining a safe clam is appreciated. If
ownership of the dam has changed, or if you are not responsible for the dam, please notify
us so that we can update our records. Should you have any questions concerning our
Inspection, please contact me at [phone].
Sincerely,
Kimberly Summers
Environmental Specialist
Laud Quality Section
Raleigh Regional Office
I NIS/
Cc: Raleigh Regional Office file

HOLDIN*Gs
Wetland Mitigation Statement of Availability
October 6, 2022
Pulte Home Company, LLC
Attn: Chris Raughley
1225 Crescent Green Drive Suite 250
Cary NC 27518
RE: Availability of Wetland Credits for the "Huxley" project
Bank Name: Cane Creek Umbrella Mitigation Banking Instrument
Bank Site: Bethel Branch Mitigation Site
Bank Sponsor: Wildlands Holdings IV, LLC
USACE Action ID: SAW-2016-02365
Riparian Wetlands Credits Needed: 0.24 acres
Riparian Wetlands Credits Available: 0.42 acres
Cape Fear 03030002 River Basin
Dear Mr. Raughley
Wildlands Holdings IV, LLC has the above -mentioned riparian wetland credits from the Cane Creek
Umbrella Mitigation Banking Site: Bethel Branch Mitigation Site to satisfy the mitigation requirements
related to the above -mentioned project. The project is located within the service area (HUC 03030002)
of the Bank.
This letter is simply a statement of availability of credits as of the date written. We have the inventory
as shown above, however, this 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.
Final transfer of the credits will be made upon receipt of a copy of the 401 Water Quality Certification
and Authorization Certificate from the NC Department of Environmental Quality -Division of Water
Resources approving the Riparian Buffer mitigation purchase from the Bank and upon receipt of your
payment to Wildlands Holdings IV, LLC. We will then issue a credit transfer certificate verifying your
credit purchase to the North Carolina Division of Water Resources and to you for your records.
We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at
[phone] x114 or [e-mail] if you have any questions or need any additional
information.
Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

HWILDLANGSoiOO
Sincerely,
Camden M. Brunick
Wildlands Engineering, Inc.
Mitigation Credit Sales
[e-mail]
0: [phone] ext. 114
M: [phone]
Cc: Mr. Lyle Phillips, Regulatory Agent I USACE
Mr. Randy King, P.E., Land Planning and Entitlements I Pulte Home Company, LLC
Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; [phone]
sandec.com
To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
March 4, 2022
S&EC Project No: 13566.W6
Re: Online Project Review Request, Hasse Ave, Apex —Wake County, North Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office's online project
review process and have followed all guidance and instructions in completing the review. We completed
our review March 4, 2022 and are submitting our project review package in accordance with the
instructions for further review.
Our proposed action consists of. A planned residential development that is proposing impacts to wetlands
and streams.
The location of the project and the action area are identified on the enclosed maps.
Hasse Ave (35.730491,-78.918403). The site is located at 0 Olive Chapel Road, Apex — Wake County,
North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 18, 2026.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 14 and 29.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at [e-mail]
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Enclosures:
1. Project Request Review Package 6. FWS Official Species List
2. S&EC T&E Species Report 7. NIP Report
3. Vicinity Maps 8. FWS Species Conclusion Table
4. S&EC Photo Report 9. FWS Self -Certification Letter
5. Overall Site Plan

Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandec.com
March 4, 2022
S&EC Project No.: 14566.W6
To: Pulte Home Company, LLC
Attn: Randy King
1225 Crescent Green Drive Suite 250
Cary, NC 27518
Re: THREATENED & ENDANGERED SPECIES REPORT
Hasse Ave (+/- 73 acres)
0 Olive Capel Road, Apex, Wake County, NC
Dear Mr. King:
On February 24, 2022, Soil & Environmental Consultants, PA (S&EC) evaluated the Hasse Ave
property shown on the attached maps for potential endangered species. The property is located at 0 Olive
Capel Road in Wake County, NC. Surface waters on -site flow into Reed Branch in the Cape Fear River
Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface
Waters and Wetlands of North Carolina" as WS-IV; NSW.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types, and looking for evidence of the listed species on -site. This survey
did not include any detailed sampling or netting. The results of the search are discussed below.
Hasse Ave - S&EC Threatened & Endangered Species Report
Page 1 of 5

March 4, 2022
S&EC Project #13566.W6
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Red -cockaded Woodpecker (Picoides borealis), Endangered
• Atlantic Pigtoe (Fusconaia masons), Proposed Threatened
• Michaux's Sumac (Rhus michauxil), Endangered
Of the species identified on the official species list, the NHP report did not identify any Federally
threatened or endangered species within the project area or within one mile of the project area. Other
State listed species were found within the project area as listed in the attached NHP report. The NHP
report identified one natural area and ten managed areas within the project area or within one mile of
the project area. These are listed out in the attached NHP Report.
RED -COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and
individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual
RCWs within the project area. The NHP report did not list any known elemental occurrence within the
project area or within one mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine
forests) within the project area. There are mature Loblolly pines near the home and ponds, but no
cavity trees were observed. Given the lack of species present, and no presence of suitable habitat we
concluded that the project would have "No effect" on RCWs.
ATLANTIC PIGTOE (Fusconaia masonrl:
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large
rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel
with moderate to high flowing water. While we did not specifically sample for the species, we also did
not find any evidence of the species while conducting our preliminary surveys of the streams for
potential suitable habitat.
Hasse Ave - S&EC Threatened & Endangered Species Report
Page 2 of 5

March 4, 2022
S&EC Project #13566.W6
Our preliminary survey concluded that potential suitable habitat does exist on -site. Reedy Branch was
+/-6 feet wide with high baseflow and had a sandy substrate. Additionally, the other streams on -site did
not have suitable habitat. There are no proposed impacts to Reedy Branch, and because of this we have
concluded that the project would have "No effect" on the Atlantic Pigtoe.
MICHAUX'S SUMAC (Rhus michauxii):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux's sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux's Sumac species within the project area. The NHP report
did not list any known elemental occurrence within the project area. We found suitable habitat within
the project areas to include primarily disturbed open areas along field edges, pond edges, and roads. It
should be noted that this preliminary survey was done outside of the optimal survey window (May -
October). While we did not find any Michaux's Sumac plants within the project area, our survey was
conducted outside of the optimal survey window and as suitable habitat was found it is possible that
Michaux's Sumac exists and therefore we concluded the project would "May affect" Michaux's
Sumac. We recommend consulting with the USFWS and/or conducting follow up surveys within the
optimal survey window.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests on -site or within one
mile of the site. Given the lack of species present, we have concluded that the project is " Unlikely to
disturb nesting bald eagles ". We believe no Eagle Act Permit is required.
NORTHERN LONG-EARED BAT (Moods septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB's) within the project area. During our survey, we found no individual species.
Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4 (d) Rule on the
Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific
Hasse Ave - S&EC Threatened & Endangered Species Report
Page 3 of 5

March 4, 2022
S&EC Project #13566.W6
section 7 responsibilities." Due to the nature of the project being residential development, we
concluded that the project would "May affect, but not likely to adversely affect" NLEB's.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the FWS
in their conclusion letters, we have concluded that it appears the proposed project is not likely to
adversely affect any federally listed endangered or threatened species, their formally designated
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
However, as suitable habitat exists for Michaux's Sumac the USFWS should be consulted to determine
if surveys need to occur during the optimal survey windows for Michaux's Sumac to ensure that no
plants exist within the disturbed limits of the project. We strongly recommend requesting a
concurrence letter from the FWS.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. Overall Site Plan
6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. February 15, 2022.
7. NHP report: February 15, 2022.
8. S&EC — FWS Species Conclusion Table. March 4, 2022.
9. S&EC — FWS Self -Certification Letter. March 4, 2022.
Hasse Ave — S&EC Threatened & Endangered Species Report
Page 4 of 5

March 4, 2022
S&EC Project #13566.W6
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masons). Version
1.2. March 2017. Atlanta, GA.
-U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.
-U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis)
Second Revision. Atlanta GA 316 pp.
Hasse Ave — S&EC Threatened & Endangered Species Report
Page 5 of 5

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Job #: 13566.W6
March 4, 2022
Threatened and Endangered Species Photo Report for the Hasse Ave Property
Photo 1: Field
Photo 2: Intermittent stream

Job #: 13566.W6
March 4, 2022
Photo 3: Existing sewer easement

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2022-0008235
Project Name: Hasse Ave
e x
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February 15, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological

02/15/2022
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.

02/15/2022
Attachment(s):
• Official Species List

02/15/2022
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

02/15/2022
KA
Project Summary
Project Code: 2022-0008235
Event Code: None
Project Name: Hasse Ave
Project Type: Residential Construction
Project Description: This project is located in Wake County, NC and is approximately 70
acres.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.72988175,-78!9178534057695,14z
Counties: Wake County, North Carolina

02/15/2022 3
Endangered Species Act Species
There is a total of 4 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
Clams
NAME
STATUS
Endangered
STATUS
Atlantic Pigtoe Fusconaia masoni Threatened
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/5164
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
STATUS
Candidate
STATUS
Endangered

02/15/2022
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

02/15/2022
IPaC User Contact Information
Name: Mason Montgomery
Address: 8412 Falls of Neuse Road
City:
Raleigh
State:
NC
Zip:
27615
Email
[e-mail]
Phone:
7047732837

Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
February 15, 2022
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Hasse Ave; 13566.W6
Dear Robert Zarzecki:
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-17174
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9421

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United States Department of the
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date. March 49 2022
Self -Certification Letter
Pro] ectName Hasse Ave
Dear Applicant:
IN
n.' a wn.nut-c
gumv IVE
Interior
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
❑"no effect" determinations for proposed/listed species and/or
✓ proposed/designated critical habitat; and/or
✓❑ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
❑✓ "no Eagle Act permit required" determinations for eagles.

Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the "no effect" or
"not likely to adversely affect" determinations for proposed and listed species and
proposed and designated critical habitat; the "may affect" determination for Northern
long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleighgfws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package

Deborah Shirley
From: Ellis, John <[e-mail]>
Sent: Thursday, August 4, 2022 1:00 PM
To: Mason Montgomery; Suiter, Dale; Mann, Leigh
Subject: Re: DUE DATE: MARCH 31, 2022 Fw: [EXTERNAL] Hasse Ave
Mason,
The Service concurs with your determinations for this project.
Thanks,
John
From: Mason Montgomery <[e-mail]>
Sent: Thursday, May 19, 2022 8:54 AM
To: Ellis, John <[e-mail]>; Suiter, Dale <[e-mail]>; Mann, Leigh <[e-mail]>
Subject: RE: DUE DATE: MARCH 31, 2022 Fw: [EXTERNAL] Hasse Ave
John,
I completed the follow up survey for Michaux's sumac at the Hasse Ave project yesterday (May 18, 2022). During my
evaluation I did not find any Michaux's sumac within the project boundary. There was some Winged sumac along field
edges. Please let me know if any additional information like photos or an updated report is needed to concur with a "No
effect" determination for Michaux's sumac.
Thank you,
Mason L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
NA Please consider the environment before printing this email.
From: Ellis, John <[e-mail]>
Sent: Wednesday, May 11, 2022 3:39 PM
To: Mason Montgomery <[e-mail]>; Suiter, Dale <[e-mail]>; Mann, Leigh

<[e-mail]>
Subject: Fw: DUE DATE: MARCH 31, 2022 Fw: [EXTERNAL] Hasse Ave
Mason,
The Service concurs with all the determinations except for Michaux's sumac. If surveys are conducted please
provide the results and we will review them.
John
From: Mann, Leigh <leigh [e-mail]> on behalf of Raleigh, FW4 <[e-mail]>
Sent: Tuesday, March 15, 2022 11:14 AM
To: Ellis, John <iohn [e-mail]>
Subject: DUE DATE: MARCH 31, 2022 Fw: [EXTERNAL] Hasse Ave
From: Mason Montgomery <[e-mail]>
Sent: Tuesday, March 8, 2022 7:06 PM
To: Raleigh, FW4 <[e-mail]>
Subject: [EXTERNAL] Hasse Ave
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
Hello,
Attached is the threatened and endangered species report for the Hasse Ave property located in Wake County, NC.
S&EC is submitting for concurrence. Please let me know if any additional information is needed to make the
determinations.
Thank you,
)n L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road. Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
NA Please consider the environment before printing this email.

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
October 8, 2020
Lourdes Barallobre
Froehling & Robertson, Inc.
310 Hubert Street
Raleigh, NC 27603
Office of Archives and History
Deputy Secretary Kevin Cherry
[e-mail]
Re: Construct subdivision, 0, 2500, & 2600 Olive Chapel Road, Apex, Wake County, ER-20-1951
Dear Ms. Barallobre:
Thank you for your letter of September 1, 2020, regarding the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.review(cr�,ncdcr. og_v. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6598