20221616 Ver 1_ePCN Application_20221111

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:
10/18/2021
BIMS # Assigned* Version#*
20221616 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:
ALLORA PINES
la. Who is the Primary Contact?*
Bob Zarzecki
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:eads\ztthomas
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
11/11/2022
Nearest Body of Water
Walnut Creek (27-34-(4))
Basin
Neuse
Water Classification
C;NSW
Site Coordinates
Latitude: Longitude:
35.743526 -78.672661
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):
ld. 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:
CRP/Maple Pines Owner, LLC
2b. Deed book and page no.:
019093/02602
2c. Contact Person:
Robert Brooks, VP
2d. Address
Street Address
4509 Creedmoor Road
Address Line 2
Suite 308
City
Raleigh
Postal /Zip Code
27612-3855
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]
4. Agent/Consultant (if applicable)
4a. Name:
Bob Zarzecki
4b. Business Name:
Soil & Environmental Consultants, PA
4c. Address
Street Address
8412 Falls of Neuse Road
Address Line 2
Suite 104
City
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
Of appropriate)
ALLORA PINES
lc. Nearest municipality / town:
Raleigh
2. Project Identification
2a. Property Identification Number:
0792284778 & 0792657338
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
2b. Property size:
10.57
2c. Project Address
Street Address
2300 & 2310 Tryon Road
Address Line 2
City State / Province / Region
Raleigh NC
Postal / Zip Code Country
27603 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Walnut Creek (27-34-(4))
3b. Water Resources Classification of nearest receiving water:*
C;NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011101
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:*
The property is mostly vacant, wooded land. 2310 Tryon Road has a single family home built in 1985 which will be demolished to construct the project. Tryon Road borders the southern
property boundary. 2202 Tryon Road which borders the property to the southeast corner has an older home built in 1930. This home will remain and is not part of this project. SHPO has
been contacted regarding it and the associated correspondence is attached. The Village of Tryon single family residential subdivision borders the east side of the project and the project
will connect to and extend the existing Betry Place into the project. Peach Creek Apartment complex borders the north side of the project. Inwood Forest single family and townhome
subdivision borders the west side of the property.
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:
0
4g. List the total estimated linear feet of all existing streams on the property:
1,170
4h. Explain the purpose of the proposed project: *
The project purpose is to construct a multifamily residential community.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project proposes the construction of four (4) apartment buildings, a community recreation building and pool, associated parking, road and stormwater infrastructure.
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-2021-02025
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Lyle Phillips / Bob Zarzecki
Agency/Consultant Company: USAGE / SBEC, PA
Other: Josh Brigham / NCDWR
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
SAW-2021-02025, PJD, 10/21/2021
NBRRO210308, Neuse Buffer Onsite Determination, 9/9/2021
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?
No other NWP, RGP, IP or other wetland permits are anticipated for the future.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
3. Stream Impacts
Streams -tributaries
Pond Construction
Buffers
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Impact Area 2
Permanent
Culvert
UT to Walnut Creek
Perennial
Both
8
Average (feet)
104
(linear feet)
S2
Impact Area 2
Permanent
Rip Rap Fill
UT to Walnut Creek
Perennial
Both
8
Average (feet)
94
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0

31. Total permanent stream impacts: 3i. Total temporary stream impacts:
198
0
31. Total stream and ditch impacts:
198
3j. Comments:
S1 = culvert, permanent loss, 0.019 acres; no mitigation proposed since less than 0.02 acres
S2 = riprap inlet & outlet protection, 0.018 acres/941f; no mitigation proposed as riprap will be installled below existing streambed elevation resulting in a
permanent impact, but no loss;
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
• Neuse
Catawba
Goose Creek
Other
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Impact Area 2
P
UT to Walnut Creek
Yes
9,820
7,266
6h. Total buffer impacts:
Total Temporary impacts:
Total Permanent impacts:
Total combined buffer impacts:
61. Comments:
Zone 1
0.00
Zone 1
9,820.00
Zone 1
Zone 2
0.00
Zone 2
7,266.00
Zone 2
9,820.00 7,266.00
Impact Area 1 = SCM outlet & grading in Zone 2 only, both "deemed allowable" uses
Impact Area 2 = SCM outlet & grading in Zone 2 only, both "deemed allowable" uses
E. Impact Justification and Mitigation
1. Avoidance and Minimization
u
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
As evident on the attached impact maps, the applicant is proposing the use of extensive retaining walls to limit the amount of stream loss and buffer
impacts.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The project will obtain an erosion and sediment control permit and other associated permits from the City of Raleigh to protect retained stream, buffers
and downstream water quality during construction. Post -construction stormwater control measures are also proposed to protected these areas post -
construction.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
6b. If yes, then identify the square feet of impact.
6c. Reason for impact
6d. Total impact (square
feet)
Multiplier
6e. Required mitigation
(square feet)
Zone 1
Road Crossing
9,820
3
29,460
Zone 2
Road Crossing
7,266
1.5
10,899

6f. Total buffer mitigation required
40359
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
6j. Comments:
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
If no, explain why:
The project will obtain a stormwater management plan from the City of Raleigh which will use primary SCMs with direct discharges through the buffer to the stream as shown on the impact
map.
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.
City of Raleigh
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.
The project proposes a multifamily apartment community adjacent to other similiar land uses. Projects such as this are not commonly thought to result in
cumulative impacts.
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.
Wastewater from the project will be sent to and treated by the City of Raleigh wastewater treatment facility.

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
What Federal Agency is involved?
USACE
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?
USFWS iPAC & NHP Website; USFWS concurrence letter attached for "no effect" or "may affect, not likely to adversely affect" any protected species
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? *
NOAA EFH Mapper. The project is located in the piedmont of NC far from any EFH areas.
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?*
SHPO HPO-WEB; SHPO review and response (ER-21-2097) attached.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
NCFLOOD website, FEMA-DFIRM & Wake Co. iMAPs
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
Allora Pines_PCN Attachments (S&EC 14911).pdf 7.49MB
File must be PDF or KMZ
Comments
Combined PCN attachments include: Agent Authorization Form, Deed, Pre -filing, USGS, Soil Survey, Impact Maps, DMS SOA, PJD, Buffer Letter, FWS concurrence, SHPO letter.
Signature
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:
S&EC, PA - Bob Zarzecki
Signature
Date
11/11/2022

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: ALLORA PINES i aka TRYON ROAD MULTIFAMILY)
S&EC Project #14911 Date: 2022
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Lyle Phillips USACE Regulatory Field Office: Raleigh
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil &
Environmental Consultants, PA (S&EC) staff (as my agent) to enter upon the property herein described
for the purpose of conducting on -site investigations and issuing a determination associated with Waters
of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of
the Rivers and Harbors Act of 1899. This document also 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.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site
meeting prior to visiting the site.
PARCEL INFORMATION:
Site Address: 2300 & 2310 Tryon Road, Raleigh, Wake County, NC
Parcel Index Number(s) (PIN): 0792284778 & 0792657338 Deed: 019093/02602
Lat/Long: 35.743059/-78.673251 Area: +/- 10.57 acres
Watershed: Walnut Creek 27-34- 4 "QNSW ' Neuse 03020201-1101
PROPERTY OWNER INFORMATION:
Name: CRP/Maple Pines Owner, LLC
Address: 4509 Creedmoor Road, Suite 308, Raleigh, NC 27612-3855
Phone No.: (aoa) a 1 p- n c y I Fax No.: ( } Mobile No.: f )
Email: rr b-o o u s Q -1-C r. C oyrl
0 ke,-T rool� ice- l reki e{tT I _-) 00.2
Property Owner (please print) Date
Owner Signature
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

BKO19093PGO2602
Excise Tax $6,800.00 Parcel Nos. 0792659674 and 0792657338
Prepared by and mail after recording to:
Alston & Bird LLP
555 Fayetteville Street, Suite 600
Raleigh, North Carolina 27601
Attn: Daniel Lord, Esq.
WAKE COUNTY, NC
TAMMY L. BRUNNER
REGISTER OF DEEDS
PRESENTED & RECORDED ON
07-20-2022 AT 16:22:12
STATE OF NC REAL ESTATE
EXCISE TAX: $6,800.00
BOOK: 019093 PAGE: 02602 - 02608
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED made this 20th day of July, 2022, by and between:
GRANTOR
MAPLE MULTI -FAMILY LAND SE, L.P.
a Delaware limited partnership
4509 Creedmoor Road, Suite 308
Raleigh, North Carolina 27612
GRANTEE
CRP/MAPLE PINES OWNER, L.L.C.,
a Delaware limited liability company
4509 Creedmoor Road, Suite 308
Raleigh, North Carolina 27612
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by Grantee, the receipt of which is
hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in
fee simple, all those certain lots or parcels of land situated in Wake County, North Carolina and more
particularly described as follows (the "Pro e "):
See attached Exhibit A attached hereto and incorporated herein by reference.
LEGAL02/41830987v4
submitted electronically by "The Banks Law Firm, P.A."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the wake county Register of Deeds.

BKO19093PGO2603
The property hereinabove described was acquired by Grantor by instruments recorded in Book 018864,
Page 01172-01176, Book 018864, Page 01182 - 01187, Book 018864, Page 01177-01181, and Book
018864, Page 01188-01194, Wake County Registry.
THE PROPERTY DOES NOT INCLUDE THE GRANTOR'S PRINCIPAL RESIDENCE.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor
received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by,
under or through Grantor, except for the exceptions hereinafter stated.
Title to the Property is subject to the following exceptions:
Utilities physically located on the Property, ad valorem taxes for the current year and subsequent years,
easements and restrictions of record, and any local, county, state, or federal laws, ordinances, or regulations
relating to zoning, environment, subdivision, occupancy, use, construction, or development of the subject
property, including existing violations of said laws, ordinances, or regulations.
Notwithstanding anything to the contrary contained herein, the maximum aggregate liability of Grantor,
and the maximum aggregate amount which may be awarded to and collected by Grantee (or any party
claiming by, through, or under Grantee, including by way of subrogation) under this North Carolina Special
Warranty Deed for any breach or inaccuracy of any representation, warranty and/or covenant of Grantor
contained herein shall under no circumstances whatsoever exceed Two Hundred Forty Thousand and
No/100 Dollars ($240,000.00).
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
2
LEGAL02/41830987v4

BKO19093PGO2604
IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its corporate name by its duly
authorized officer, the day and year first above written.
GRANTOR:
MAPLE MULTI -FAMILY LAND SE, L.P.,
a Delaware limited partnership
By: Maple Multi -Family Development, L.L.C.,
its General Partner
By: K'*_4
Name: Robert Brooks
Title: Vice President
STATE OF NORTH CAROLINA
COUNTY OF fdil��
I, s�tlG ,!o/L , a Notary Public of aforesaid County and State, certify
that Robert Brdoks personally appeared before me this day and acknowledged that he is a Vice President
of Maple Multi -Family Development, L.L.C., which is the General Partner of Maple Multi -Family Land
SE, L.P., and that as such Vice Preside he, being authorized to do so, executed the foregoing instrument
on behalf of the limited liability company.
>'k
Witness my hand and official seal, this the da of 3 �e,022.
ota
My Commission Expires:
9 /Jvff APIP�7 -
[NOT
Nola POW^Jake. Stale of North Carolina
^—nission Expires 11116f2025
3
LEGAL02/41830987v3

BKO19093PGO2605
EXHIBIT A
Legal Description
TRACT 1:
Beginning at an existing iron pipe in the norther margin or right-of-way line of Tryon Road, said
beginning point being the southwestern corner of Robert L. Johnson Land which is located in Swift Creek
Township, Wake County, North Carolina on the north side of Tryon Road, between Lake Wheeler Road
and U.S. Highway No. 401, and said beginning point also being the southeastern corner of property now or
formerly owned by Paul N. and Judy J. Lineberger, having been conveyed to them by Deed recorded in
Book 2233, Page 25, Wake County Registry; and running thence along and with the common line of the
said Robert L. Johnson and Lineberger properties North 03 degrees 31' East 250.0 feet to a new point;
thence South 75 degrees 03' East 189.05 feet to a new point; thence South 03 degrees 31' West 250.0 feet
to a stake located in the northern margin or right-of-way of Tryon Road; thence along and with the northern
margin or right-of-way line of Tryon Road North 75 degrees of 03' West 189.05 feet to an existing iron
pipe, the point and place of BEGINNING, and being a 1.06 acre tract of land located in the southwestern
corner of the said Robert L. Johnson Land, which is an 11.61 acre tract according to plat prepared by
Thomas D. Harrill, Registered Surveyor, dated November 7, 1978.
TRACT 2:
Parcel 1: Beginning at a point in the common boundary line of the Grantor and the property
now or formerly owned by Paul N. and Judy J. Lineberger, said point being North 03 degrees 31 minutes
East 250.0 feet from an existing iron pipe located in the northern margin or right of way line of Tryon Road
(formerly Old Colonial Road), said iron pipe also being the southeastern corner of property now or formerly
owned by Paul N. and Judy J. Lineberger, having been conveyed to them by deed recorded in Book 2233,
Page 25, Wake County Registry; running thence from the point of Beginning along and with the common
line of the Grantor and Lineberger properties North 03 degrees 31 minutes East 68.38 feet to an iron pipe;
thence North 03 degrees 15 minutes 30 second East 416. 02 feet to an existing iron pipe in the common
boundary line of the Grantor's property and property now or formerly owned by B. H. Ingle Sr.; thence
along and with the common line of the Grantor and the said B. H. Ingle, Sr. South 81 degrees 58 minutes
30 seconds East 656.78 feet to an existing iron pipe, being the northeast corner of Parcel A; thence South
02 degrees 58 minutes 30 seconds West 433.70 feet to a concrete monument; thence South 02 degrees 58
minutes 30 seconds West 168.06 feet to a stake; thence North 69 degrees 59 minutes 21 seconds West
217.56 feet to a stake; thence South 02 degrees 58 minutes 30 seconds West 220.00 feet to a stake in the
northern margin or right of way line of Tryon Road; thence with the northern right of way line of Tryon
Road North 74 degrees 09 minutes West 272.47 feet to a stake; thence North 03 degrees 31 minutes East
250.00 feet; thence North 75 degrees 03 minutes West 189.05 feet to the point and place of Beginning, and
being all of a tract of land shown as being 10.55 acres on a map prepared by Thomas D. Harrill, RLS dated
November 7, 1978, and entitled "Boundary Survey for Robert L. Johnson Tryon Road Raleigh, N.C., Wake
Co."
Parcel 2: Beginning at a concrete monument located in the southern margin or right of way
line of Tryon Road, said point of Beginning being South 02 degrees 58 minutes 30 seconds West 889.76
feet from the iron pipe marking the northeast corner of Parcel A as described above; thence from said point
of Beginning South 02 degrees 58 minutes 30 seconds West 651.21 feet to a concrete monument; thence
North 87 degrees 01 minute 30 seconds West 57.70 feet to an iron pipe; thence South 02 degrees 58 minutes
30 seconds West 210.00 feet to an iron pipe; thence South 87 degrees 01 minute 30 seconds East 57.70 feet
to an iron pipe, thence South 02 degrees 58 minutes 30 seconds West 2.12 feet to a concrete monument
(shown on the aforesaid survey as being South 02 degrees 58 minutes 30 seconds East 2.12 feet); thence
South -2 degrees 58 minutes 30 seconds West 588.24 feet to a concrete monument (shown on the aforesaid
4
LEGAL02/41830987v4

BKO19093PGO2606
survey as being South 02 degrees 53 minutes 30 seconds West 588.24 feet); thence North 31 degrees 11
minutes 30 seconds West 343.23 feet to a concrete monument; thence North 58 degrees 57 minutes West
967.11 feet to a concrete monument; thence North 05 degrees 52 minutes 30 seconds East 254.99 feet to a
concrete monument; thence North 26 degrees 48 minutes 30 seconds East 4.30 feet to an iron pipe; thence
South 65 degrees 00 minute 30 seconds East 14.53 feet to an iron pipe; thence North 39 degrees 10 minutes
East 645.55 feet to an iron pipe; thence North 03 degrees 10 minutes West 206.12 feet to an iron pipe in
the southern boundary or right of way line of Tryon Road; thence with the southern boundary or right of
way line of Tryon Road in a generally easterly direction to the point and place of Beginning (no distance
or direction specified on the aforesaid map), and being a tract shown as being 22.09 acres +/- on the
aforesaid survey.
LESS AND EXCEPT the property conveyed to Robert Steven Johnson in Book 8640, page 1962
and Book 9203, page 2413; and that property conveyed to Richard Wayne Johnson in Book 3982, page
947.
THE ABOVE -REFERENCED PROPERTY BEING ALSO DESCRIBED AS FOLLOWS:
TRACT 1:
COMMENCING AT AN EXISTING 1" BENT IRON PIPE, (HAVING NORTH CAROLINA STATE
PLANE COORDINATES OF NORTHING: 725586.25', EASTING: 2096636.00') BEING MORE
PARTICULARLY DESCRIBED AS A COMMON MONUMENT OF JUDY J. LINEBERGER AND
ROBERT L. JOHNSON. THENCE FROM SAID COMMENCEMENT POINT, S02°46'58"E A
DISTANCE OF 177.8V TO AN EXISTING 1" IRON ROD (HAVING NORTH CAROLINA STATE
PLANE COORDINATES OF NORTHING: 725408.64', EASTING: 2096644.63'), AND BEING THE
TRUE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING NO3°34'45"W A
DISTANCE OF 128.27' TO A CALCULATED POINT A COMMON CORNER OF ROBERT S.
JOHNSON AND JUDY J LINEBERGER; THENCE S79°02'19"E A DISTANCE OF 189.05' TO A
CALCULATED POINT; THENCE S00°28' 19"E A DISTANCE OF 262.98' TO A CALCULATED
POINT IN THE RIGHT-OF-WAY OF TRYON RD; THENCE N79°13'50"W A DISTANCE OF 189.71'
TO A CALCULATED POINT IN THE RIGHT OF WAY OF TRYON RD; THENCE NO2°47'32"E A
DISTANCE OF 135.61' TO AND EXISTING 1" IRON ROD THE POINT OF BEGINNING.
CONTAINING 1.10 ACRES (47925.14 SQ. FT.) OF LAND, MORE OR LESS.
TRACT 2:
COMMENCING AT AN EXISTING 1" IRON ROD, (HAVING NORTH CAROLINA STATE PLANE
COORDINATES OF NORTHING: 725408.64, EASTING: 2096644.63) BEING MORE
PARTICULARLY DESCRIBED AS A COMMON MONUMENT OF JUDY J. LINEBERGER AND
ROBERT S. JOHNSON. THENCE FROM SAID COMMENCEMENT POINT, NO2°46'58"W A
DISTANCE OF 177.81' TO AN EXISTING BENT 1" IRON PIPE (HAVING NORTH CAROLINA
STATE PLANE COORDINATES OF NORTHING: 725586.25, EASTING: 2096636.0), AND BEING
THE TRUE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING NO2°58'36"W,
A DISTANCE OF 59.93' TO AN EXISTING IRON PIPE BEING THE COMMON CORNER OF
ANOTHY MARSHAL LOT 4-C DEED BOOK 17031 AND PAGE NUMBER 2798, JUDY J.
LINEBERGER DEED BOOK 9065 AND PAGE NUMBER 1352. THENCE N02057'5511W A DISTANCE
OF 28.00' TO AN EXISTING 1" IRON PIPE ON COMMON LINE WITH ANTHONY MARSHAL LOT
4-C DEED BOOK 17031 AND PAGE NUMBER 2798; THENCE N00°08'46"W A DISTANCE OF
168.48' TO AN EXISTING 1" IRON PIPE COMMON CORNER OF ANTHONY MARSHAL AND
PEGY M. BENNET; THENCE N00014'00"W 160.02' TO AN EXISTING 1" IRON PIPE IN CONCRETE
COMMON CORNER WITH PEGY M. BENNET AND LEANNE GEMMA AND MICHAEL GEMMA;
THENCE S85054'44"E A DISTANCE OF 131.93' TO AN EXISTING 1/2" IRON PIPE A COMMON
5
LEGAL02/41830987v4

BKO19093PGO2607
CORNER WITH LEANNE GEMMA AND MICHAEL GEMMA; THENCE S85°55'51 "E A DISTANCE
OF 50.01' TO AN EXISTING 5/8" REBAR COMMON CORNER WITH NORMAN R. TURNER AND
MARY A TURNER; THENCE S85°54'44"E A DISTANCE OF 132.97' TO AN EXISTING 1/2" IRON
PIPE A COMMON CORNER WITH NORMAL R TURNER AND MARY A TURNER AND PAKSEE
CHOW; THENCE S85°57'17"E A DISTANCE 175.96' TO AN EXISTING 1/2" IRON PIPE A
COMMON CORNER WITH PAKSEE CHOW AND PHOOI K LIM AND ANN K LIM; THENCE
S86003'54"E A DISTANCE 165.90' TO AN EXISTING 1/2" IRON PIPE IN CONCRETE A COMMON
CORNER WITH PHOOI K LIM AND ANN K LIM AND VILLAGES OF TRYON COMMUNITY
HOMEOWNERS ASSN INC; THENCE S00°57'55"E A DISTANCE 378.10' TO AN EXISTING 1/2"
IRON PIPE A COMMON CORNER WITH GEORGE H KOOP AND MART B KOOP AND BRENDON
RUSCH; THENCE S00059'36"E A DISTANCE 45.05' TO AN EXISTING 1/2" IRON PIPE A COMMON
CORNER WITH BRENDON RUSCH AND CARSON ANDREW CATTANO; THENCE SO1°07'32"E A
DISTANCE 10.03' TO AN EXISTING CONCRETE MONUMENT WITH DISK A COMMON CORNER
WITH CARSON ANDREW CATTANO; THENCE S00052'04"E A DISTANCE 80.02' TO AN
EXISTING 1/2" IRON PIPE A COMMON CORNER WITH SHOEB WASEEM AND NOREEN
WASEEM AND SUSAN J MYKALCIO; THENCE S00°57'19"E A DISTANCE 89.78' TO AN
EXISTING 1/2" IRON PIPE A COMMON CORNER WITH SUSAN J MYKALCIO AND XIAODONG
WU; THENCE S01 °03'46"E A DISTANCE 16.00' TO A CALCULATED POINT; THENCE
N73037'34"W A DISTANCE 217.37' TO A CALCULATED POINT COMMON CORNER WITH
DONALD CHRISTOPHER HARDISON; THENCE SO1°01'13"E A DISTANCE 215.61' TO A
CALCULATED POINT IN THE RIGHT-OF-WAY OF TRYON ROAD; THENCE ALONG A CURVE
TO THE RIGHT HAVING A CHORD BEARING OF N77020'48"W AND A CHORD DISTANCE OF
116.51' WITH A RADIUS OF 1772.00' AND A LENGTH OF 116.53' TO A CALCULATED POINT IN
THE RIGHT-OF-WAY OF TRYON ROAD; THENCE N79013'50"W A DISTANCE OF 155.82' TO A
CALCULATED POINT IN THE RIGHT-OF-WAY OF TRYON ROAD; THENCE N00028' 19"W A
DISTANCE OF 262.98' TO A CALCULATED POINT A COMMON CORNER WITH ROBERT S
JOHNSON; THENCE N79002'19"W A DISTANCE OF 189.05' TO A CALCULATED POINT; THENCE
N00043'18"W A DISTANCE OF 49.58' TO AN EXISTING BENT I" IRON PIPE THE POINT OF
BEGINNING.
CONTAINING 9.53 ACRES (414909.80 SQ. FT.) OF LAND, MORE OR LESS.
TRACTS 1 AND 2 ALSO DESCRIBED AS:
COMMENCING AT AN EXISTING 1" IRON ROD, (HAVING NORTH CAROLINA STATE PLANE
COORDINATES OF NORTHING: 725408.64, EASTING: 2096644.63) BEING MORE
PARTICULARLY DESCRIBED AS A COMMON MONUMENT OF JUDY J. LINEBERGER AND
ROBERT S. JOHNSON. THENCE FROM SAID COMMENCEMENT POINT, N02046'58"W A
DISTANCE OF 177.81' TO AN EXISTING BENT 1" IRON PIPE (HAVING NORTH CAROLINA
STATE PLANE COORDINATES OF NORTHING: 725586.25, EASTING: 2096636.0), AND BEING
THE TRUE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING N02058'36"W,
A DISTANCE OF 59.93' TO AN EXISTING IRON PIPE BEING THE COMMON CORNER OF
ANOTHY MARSHAL LOT 4-C DEED BOOK 17031 AND PAGE NUMBER 2798, JUDY J.
LINEBERGER DEED BOOK 9065 AND PAGE NUMBER 1352. THENCE N02057155"W A DISTANCE
OF 28.00' TO AN EXISTING 1" IRON PIPE ON COMMON LINE WITH ANTHONY MARSHAL LOT
4-C DEED BOOK 17031 AND PAGE NUMBER 2798; THENCE N00008'46"W A DISTANCE OF
168.48' TO AN EXISTING 1" IRON PIPE COMMON CORNER OF ANTHONY MARSHAL AND
PEGY M. BENNET; THENCE N00014'00"W 160.02' TO AN EXISTING 1" IRON PIPE IN CONCRETE
COMMON CORNER WITH PEGY M. BENNET AND LEANNE GEMMA AND MICHAEL GEMMA;
THENCE S85054'44"E A DISTANCE OF 131.93' TO AN EXISTING 1/2" IRON PIPE A COMMON
CORNER WITH LEANNE GEMMA AND MICHAEL GEMMA; THENCE S85°55'5I "E A DISTANCE
OF 50.01' TO AN EXISTING 5/8" REBAR COMMON CORNER WITH NORMAN R. TURNER AND
LEGAL02/41830987v4

BKO19093PGO2608
MARY A TURNER; THENCE S85°54'44"E A DISTANCE OF 132.97' TO AN EXISTING 1/2" IRON
PIPE A COMMON CORNER WITH NORMAL R TURNER AND MARY A TURNER AND PAKSEE
CHOW; THENCE S85°57'17"E A DISTANCE 175.96' TO AN EXISTING 1/2" IRON PIPE A
COMMON CORNER WITH PAKSEE CHOW AND PHOOI K LIM AND ANN K LIM; THENCE
S86003'54"E A DISTANCE 165.90' TO AN EXISTING 1/2" IRON PIPE IN CONCRETE A COMMON
CORNER WITH PHOOI K LIM AND ANN K LIM AND VILLAGES OF TRYON COMMUNITY
HOMEOWNERS ASSN INC; THENCE S00057'55"E A DISTANCE 378.10' TO AN EXISTING 1/2"
IRON PIPE A COMMON CORNER WITH GEORGE H KOOP AND MART B KOOP AND BRENDON
RUSCH; THENCE S00059'36"E A DISTANCE 45.05' TO AN EXISTING 1/2" IRON PIPE A COMMON
CORNER WITH BRENDON RUSCH AND CARSON ANDREW CATTANO; THENCE SO1 007'32"E A
DISTANCE 10.03' TO AN EXISTING CONCRETE MONUMENT WITH DISK A COMMON CORNER
WITH CARSON ANDREW CATTANO; THENCE S00052'04"E A DISTANCE 80.02' TO AN
EXISTING 1/2" IRON PIPE A COMMON CORNER WITH SHOEB WASEEM AND NOREEN
WASEEM AND SUSAN J MYKALCIO; THENCE S00057'19"E A DISTANCE 89.78' TO AN
EXISTING 1/2" IRON PIPE A COMMON CORNER WITH SUSAN J MYKALCIO AND XIAODONG
WU; THENCE SO1°03'46"E A DISTANCE 16.00' TO A CALCULATED POINT; THENCE
N73037'34"W A DISTANCE 217.37' TO A CALCULATED POINT COMMON CORNER WITH
DONALD CHRISTOPHER HARDISON; THENCE SO1°01'13"E A DISTANCE 215.61' TO A
CALCULATED POINT IN THE RIGHT-OF-WAY OF TRYON ROAD; THENCE ALONG A CURVE
TO THE RIGHT HAVING A CHORD BEARING OF N77020'48"W AND A CHORD DISTANCE OF
116.51' WITH A RADIUS OF 1772.00' AND A LENGTH OF 116.53' TO A CALCULATED POINT IN
THE RIGHT-OF-WAY OF TRYON ROAD; THENCE N79013'50"W A DISTANCE OF 155.82' TO A
CALCULATED POINT IN THE RIGHT-OF-WAY OF TRYON ROAD; THENCE N79013'50"W A
DISTANCE OF 189.71' TO A CALCULATED POINT IN THE RIGHT -OF WAY OF TRYON ROAD;
THENCE N02047'32"E A DISTANCE OF 135.61' TO AN EXISTING 1" IRON ROD COMMON
CORNER WITH JUDY J LINEBERGER; THENCE N03034'45"W A DISTANCE OF 128.27' TO A
CALCULATED POINT COMMON CORNER WITH JUDY J LINEBERGER; THENCE N00043' 18"W
A DISTANCE OF 49.58' TO AN EXISTING BENT 1" IRON PIPE THE POINT OF BEGINNING.
CONTAINING 10.63 ACRES (462834.94 SQ. FT.) OF LAND, MORE OR LESS.
LEGAL02/41830987v4

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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Robert Brooks
CRP/Maple Pines Owner, LLC
4509 Creedmoor Road, Suite 308
Raleigh, NC 27612
Project: Allora Pines (Tryon Road Multifamily)
NORTH CAROLINA
Environmental Quality
November 9, 2022
Expiration of Acceptance: 5/9/2023
County: Wake
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Neuse
03020201
Riparian Buffer
9,820 @ 3:1
Neuse
03020201
Riparian Buffer
7,266 @1.5:1
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact [e-mail].
Sincerely, ) n l
FOR James. B Stanfill
Deputy Director
cc: Bob Zarzecki, agent
�,- North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 1 1652 Mail Service Center I Raleigh. North Carolina 27699-1652
M�n.i sanni i� �
oeoa,unent memsimme�i m,e�ry 919,707.8976

Bob Zarzecki
From:
Sent:
To:
Cc:
Subject:
Yes sir we have no issues.
John
Ellis, John <[e-mail]>
Wednesday, May 11, 2022 12:00 PM
Mason Montgomery
Bob Zarzecki
Re: [EXTERNAL] RE: Tryon Rd Multifamily T&E Submittal
From: Mason Montgomery <[e-mail]>
Sent: Tuesday, May 10, 2022 2:06 PM
To: Ellis, John <[e-mail]>
Cc: Bob Zarzecki <[e-mail]>
Subject: [EXTERNAL] RE: Tryon Rd Multifamily T&E Submittal
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
John,
I am following up again to confirm if FWS has no issues with the project/report.
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 ofthis 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.
APlease consider the environment before printing this email.
From: Mason Montgomery
Sent: Monday, January 3, 2022 12:42 PM
To: 'Ellis, John' <[e-mail]>

Cc: Bob Zarzecki <[e-mail]>
Subject: FW: Tryon Rd Multifamily T&E Submittal
John,
I am reaching out to confirm that FWS has reviewed this report and concurs with our determinations. Please let me
know.
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 ofthis 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.
APlease consider the environment before printing this email.
From: Mason Montgomery
Sent: Wednesday, October 20, 2021 1:44 PM
To: Raleigh, FW4 <[e-mail]>
Subject: Tryon Rd Multifamily T&E Submittal
Hello,
Attached is the threatened and endangered species report for the Tryon Rd multifamily project located in Wake County,
NC. S&EC is submitting for concurrence. Please review and let me know if any additional information is needed to make
the determinations.
Thank you,
Mason L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying ofthis 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.

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; [phone]
sandec.com
To: U.S. Fish and Wildlife Service October 19, 2021
Raleigh Field Office S&EC Project No: 14911.W6
P.O. Box 33726
Raleigh, NC 27636-3726
Re: Online Project Review Request, Tryon Rd Multifamily, Raleigh — 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 October 19, 2021 and are submitting our project review package in accordance with the
instructions for further review.
Our proposed action consists of. A planned residential development that is proposing impacts to a stream.
The location of the project and the action area are identified on the enclosed maps.
Tryon Rd Multifamily (35.743137,-78.673409). The site is located 2310 Tryon Rd, Raleigh — Wake
County, North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 15, 2026.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 29.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at [e-mail]
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Enclosures:
1. Project Request Review Package 6. FWS Official Species List
2. S&EC T&E Species Report 7. NIP Report
3. Vicinity Maps 8. FWS Species Conclusion Table
4. S&EC Photo Report 9. FWS Self -Certification Letter
5. Overall Site Plan

Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandec.com
October 19, 2021
S&EC Project No.: 1491 LW6
To: Maple Multifamily Land SE LP
Attn: Mark Mathews
4509 Creedmoor Rd Suite 308
Raleigh, NC 27612
Re: THREATENED & ENDANGERED SPECIES REPORT
Tryon Rd Multifamily (+/- 10.4 acres)
2310 Tryon Rd, Raleigh, Wake County, NC
Dear Mr. Mathews:
On October 5, 2021, Soil & Environmental Consultants, PA (S&EC) evaluated the Tryon Rd
Multifamily shown on the attached maps for potential endangered species. The property is located at
2310 Tryon Rd in Wake County, NC. Surface waters on -site flow into Walnut Creek in the Neuse River
Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface
Waters and Wetlands of North Carolina" as C; NSW.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types, and looking for evidence of the listed species on -site. This survey
did not include any detailed sampling or netting. The results of the search are discussed below.
Tryon Rd Multifamily - S&EC Threatened & Endangered Species Report
Page 1 of 6

October 19, 2021
S&EC Project #14911.W6
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Red -cockaded Woodpecker (Picoides borealis) , Endangered
• Neuse River Waterdog (Necturus lewisl) , Proposed Threatened
• Carolina Madtom (Noturus furiosus) , Proposed Endangered
• Atlantic Pigtoe (Fusconaia masons), Proposed Threatened
• Dwarf Wedgemussel (Alasmidonta heterodon) , Endangered
• 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 five 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. Given the lack of species present, and no presence of suitable habitat
we concluded that the project would have "No effect" on RCWs.
NEUSE RIVER WATERDOG (Necturus lewisrl:
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the
project area or within one mile of the site. This species is found in the Neuse River and Tar River
basins. The suitable habitat this species is found in is typically medium to large streams and rivers with
a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and
pools. While we did not specifically sample for the species, we also did not find any evidence of the
species while conducting our preliminary surveys of the streams for potential suitable habitat.
Tryon Rd Multifamily - S&EC Threatened & Endangered Species Report
Page 2 of 6

October 19, 2021
S&EC Project #14911.W6
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial
streams on -site were +/A feet wide with medium baseflow and had a sandy rocky substrate. Due to
these observations, we have concluded that the project would have "No effect" on the Neuse River
Waterdog.
CAROLINA MADTOM (Noturus furiosus):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Carolina Madtom (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable
habitat this species is found in is also medium to large streams and rivers with a moderate gradient and
large bed material. The Carolina Madtom also needs continuous year-round flow and cover for nesting
habitat. While we did not specifically sample for the species, we also did not find any evidence of the
species while conducting our preliminary surveys of the streams for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial
streams on -site were +/A feet wide with medium baseflow and had a sandy rocky substrate. Due to
these observations, we have concluded that the project would have "No effect" on the Carolina
Madtom.
ATLANTIC PIGTOE (Fusconaia masonil:
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.
Tryon Rd Multifamily - S&EC Threatened & Endangered Species Report
Page 3 of 6

October 19, 2021
S&EC Project #14911.W6
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial
streams on -site were +/A feet wide with medium baseflow and had a sandy rocky substrate. Due to
these observations, we have concluded that the project would have "No effect" on the Atlantic Pigtoe.
DWARF WEDGEMUSSEL (Alasmidonta heterodon):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. The Dwarf Wedgemussel has little to no preference for stream size, flow
condition or bed material. Based on guidance from the USFWS staff, only 2nd order and larger perennial
streams are considered suitable habitat. While we did not conduct detailed mussel surveys, no mussels
(of any species) were observed during the preliminary suitable habitat survey.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial
streams on -site were +/-4 feet wide with medium baseflow and had a sandy rocky substrate. Due to
these observations, we have concluded that the project would have "No effect" on the Dwarf
Wedgemussel.
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 roads and open yards. Other sumac
species identified on -site included Winged sumac (Rhus copallinum). Given the lack of species present
within the areas believed to be suitable habitat, we concluded that the project would have "No effect"
on Michaux's sumac.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
Tryon Rd Multifamily - S&EC Threatened & Endangered Species Report
Page 4 of 6

October 19, 2021
S&EC Project #14911.W6
sites within the project area. The NHP report did not identify any known nests on -site or within one
mile of the site. Given the lack of species present, we have concluded that the project is " Unlikely to
disturb nesting bald eagles ". We believe no Eagle Act Permit is required.
NORTHERN LONG-EARED BAT (Myotis septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB's) within the project area. During our survey, we found no individual species.
Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the
Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific
section 7 responsibilities." Due to the nature of the project being residential development, we
concluded that the project would "May affect, but not likely to adversely affect" NLEB's.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the FWS
in their conclusion letters, we have concluded that it appears the proposed project is not likely to
adversely affect any federally listed endangered or threatened species, their formally designated
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Tryon Rd Multifamily - S&EC Threatened & Endangered Species Report
Page 5 of 6

October 19, 2021
S&EC Project #1491 LW6
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. September 10, 2021.
7. NHP report: September 10, 2021.
8. S&EC — FWS Species Conclusion Table. October 19, 2021.
9. S&EC — FWS Self -Certification Letter. October 19, 2021.
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masons). Version
1.2. March 2017. Atlanta, GA.
-U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.
-U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis)
Second Revision. Atlanta GA 316 pp.
-U.S. Fish and Wildlife Service/ Southeast Region. 2019. Carolina Madtom. Species Profile.
https://www.fws.gov/southeast/wildlife/fishes/Carolina-madtom/.
- U.S. Fish and Wildlife Service/ Southeast Region. 2019. Neuse River Waterdog... Species Profile.
https: //www.fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/
Tryon Rd Multifamily — S&EC Threatened & Endangered Species Report
Page 6 of 6

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
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In Reply Refer To: September 10, 2021
Consultation Code: 04EN2000-2021-SLI-2195
Event Code: 04EN2000-2021-E-04506
Project Name: Tryon Road Multifamily
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or

09/10/2021 Event Code: 04EN2000-2021-E-04506 2
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratoDLbirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office atjohn—[e-mail].

09/10/2021 Event Code: 04EN2000-2021-E-04506
Attachment(s):
• Official Species List

09/10/2021 Event Code: 04EN2000-2021-E-04506
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]

09/10/2021 Event Code: 04EN2000-2021-E-04506 2
Project Summary
Consultation Code: 04EN2000-2021-SLI-2195
Event Code: Some(04EN2000-2021-E-04506)
Project Name: Tryon Road Multifamily
Project Type: DEVELOPMENT
Project Description: This project is located in Raleigh, Wake County, NC and is approximately
10 acres.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.743221650000066,-78.67323240020511,14z
x
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c
S
7-40 iF Ito
Counties: Wake County, North Carolina

09/10/2021 Event Code: 04EN2000-2021-E-04506 3
Endangered Species Act Species
There is a total of 8 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
Amphibians
NAME
STATUS
Endangered
STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/6772
Fishes
NAME
STATUS
Carolina Madtom Noturus furiosus Endangered
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/528

09/10/2021 Event Code: 04EN2000-2021-E-04506
4
Clams
NAME
Atlantic Pigtoe Fusconaia masoni
There is proposed critical habitat for this species. The location of the critical habitat is not
available.
Species profile: https:Hecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/784
STATUS
Proposed
Threatened
Endangered
Yellow Lance Elliptio lanceolata Threatened
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/4511
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
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

■morn
NC DEPARTMENT OF
■ti.{ ■n NATURAL_ AND CULTURAL RESOURCES
■ ■Z■
September 10, 2021
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Tryon Road Multifamily; 149T.W5
Dear Robert Zarzecki:
Rey Cooper, Governor
D. Reid Wilson, 5eeretary
Waiter Clark
Director, Division of land and Water Stewardship
NCNHDE-15682
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAIL SERVICE CENTER. PALEIGW. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9121

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apP��,ENT OF' Tye, E IN
nKLI ak rWILDLIFE
N yo United States Department of the Interior
FISH AND WILDLIFE SERVICE
ch s,
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:10/19/2021
Self -Certification Letter
Pro] ect Name Tryon Rd Multi Family
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
❑"no effect" determinations for proposed/listed species and/or
✓ proposed/designated critical habitat; and/or
✓❑ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
❑✓ "no Eagle Act permit required" determinations for eagles.

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

DocuSign Envelope ID: 0OA71QCC-D31C-4DD4-AS24-08DCSBB7EF54
ROY COOPER
Governer
ELIZABETH S. BISIER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Eevlr onmentM QualNr
September 91, 2021
Robert L. Johnson & Robert Steven Johnson
c/o: Trammel Crow Residential, Attn: Mark Mathews
4509 Creedmoor Road, Suite 308
Raleigh, NC 27612
Subject: Buffer Determination Letter
NBR.RO 421-308
Wake County
Determination Type:
Buffer
intermittent/Perennial
® Neuse (I SA NCAC 2B .0714)
❑ Tar -Pamlico 05A NCAC 213 .0734)
❑ IntermittenLTerennial Determination (where local
buffer ordinances apply)
❑ Jordan (15A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name:
Address/Location:
Streams)
Tryon Road Multifamily
2310 Tryon Road, Raleigh, NC
Walnut Creek
Determination Date: 9/9/2621
Staff: Josh Brigham
Stream
Feature
Efllptt)
Not
5uh'oGtf2)
Subject
Start@
Stop@
Soil
Survey
USGS
To o
A
X
Throughout project boundary
X
X
DWR flag at
B
X
approximately
Feature A
X
35,744251,
-78.673002
(I) E = Ephamoral, I = imcrmintut, P = Pe=niat. NP = Not Present, NE = Not Evaluated
(2) Refers to State riparian buf%r subs only. Stream wetlart4 or pond uapacs arc still subject to applicanie woo quality standards and permitting rognimmrnts.
Explanation: The stream(s)/pond(s) listed above has been located on the most recent published MRCS Soil Survey
of Wake County, North Carolina and/or the most recent copy of the USGS 'Topographic map at a 1: 24,000 scale.
Each feature that is Checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a
pond connected to a Stream feature, or the feature is determined not to be present Stream features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be subject to the buffer
rules. There may be other streams located on the property that do not show up on the maps referenced above and are
therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to
Noah Carolina Department of Environmental Quality Division of Water Resources
Ulelgh Itegloml Office 13800 U I ett Drive , Raleigh North Carolina 27609
a�r.rr a.+r� 949.791,4200

DocuSign Envelope ID:0OA71QCC-D31C-4DD4-A524-p8DC5BB7EF54
Tryon Road Multifamily
Wake County
9191202 I
Page 2 of 2
all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B and
may be considered jurisdictional according to the US Army Corps of Engineers.
This on -site determination shall expire rive (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR
— 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 2 7699-1617. If sending via delivery
service {UPS, FedEx, etc): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street;
Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-55"84.
If you have questions regarding this determination, please feel free to contact Josh Brigham at [phone].
Sincerely,
oaeuEip�.e b,:
I
e�
scoxooasscuaaee...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office, Division of Water Resources, NCDEQ
cc: RRO DWR File Copy
Laserfiche
Consultant via email, Bob Zarzecki, S&EC, bzarzeckiasandec.com
ad: 7-F ME Q�
North Carolina Department of Environmental Quality 1 Division of Water Resources i Raleigh Regional Office
380D Barrett Drive 11.628 Mail Service Center I Raleigh, North Carolina 27699.1.628
919.791.4200

❑ocu5ign Envelope ID: 0OA710CC-D31 C-4 D D4-A524-0 9 D C 5 B B 7 E F 54
Tryon Road Multifamily
Wake County, NC-DWR Project # 21-308
MRCS Soil Survey Sheet 68 srnr Q Base map provided by S&EC
Wake Co., NC 1970 Locations are approximate
~-
Legend: _ and are provided for refer-
ence only:: nn
-project boundary Q � �,R Iu1�rV{

DocuSign Envelope ID. OOA71 OCC-D31 C-40D4-A524-08DC53B7EF54
Tryon Road Multifamily
Wake County, NC-DWR Project # 21-308
a
USGS Topographical Map
siv�q
Base map provided by S&EC
Lake Wheeler Quadrangle 20193'�
Locations are approximate
Legend'
_
and are provided for refer-
ence only
-Project boundary Q
�.

Bob Zarzecki
From: [e-mail]
Sent: Monday, October 18, 2021 12:00 AM
To: Bob Zarzecki
Subject: Pre -Filing Time Clock has been reached for TRYON ROAD MULTIFAMILY - Ver
Attachments: DWR Pre -Filing Meeting Request Form.pdf
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for TRYON ROAD
MULTIFAMILY that you submitted on 9/17/2021.
Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be
accepted.
When you submit your application please upload a copy of the attached document in this email.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses are not monitored.
Internal Use only: Non Transportation

Contact Name*
S&EC, PA - Bob Zarzecki
Contact Email Address*
[e-mail]
Project Owner*
Robert Steven Johnson
Project Name*
TRYON ROAD MULTIFAMILY
Project County*
Wake
Owner Address: *
Street Address
2310 Tryon Road
Address Line 2
City
Raleigh
Postal / Zip Code
27603
Is this a transportation project?*
Yes No
Type(s) of approval sought from the DWR:
401 Water Quality Certification - 401 Water Quality Certification -
Regular Express
Individual Permit Modification
Shoreline Stabilization
Does this project have an existing project ID#?*
Yes No
State / Province / Region
NC
Country
USA
Do you know the name of the staff member you would like to request a meeting with?
Colleen Cohn (RRO)
Please give a brief project description below and include location information.
The project involves a proposed multifamily apartment complex with 5
apartment buildings, club+amenity, parking, internal roads, and SCMs.
One stream and buffer crossing will be required. Impacts may be
under DWR notification thresholds (TBD).
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401
Certification Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
1 also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting
location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you

can submit an application.
Signature*
O sw-X0.��a ss
Submittal Date 9/17/2021

Bob Zarzecki
From: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, October 21, 2021 2:12 PM
To: Bob Zarzecki
Subject: 2310 Tyron Road / Raleigh / Wake County / SAW-2021-02025 / Jurisdictional
Determination
Attachments: Figure 3 - Aerial Map.pdf
Mr. Zarzecki,
I do not need to make a site visit for the above referenced project, and concur with the delineation within the red
outlined "Evaluation Area" depicted on the attached "Figure 3 — Aerial Map" exhibit. Due to workload volume it may
take 90-120 days for the issuance of a standalone JD, however, you may use the delineation for planning and permitting
purposes. Should the need for a permit arise the JD can be issued with the permit verification. The AID for this project is
SAW-2021-02025. I have attached the "Figure 3 — Aerial Map" exhibit for reference.
Please let me know if you have any questions/concerns.
Lyle Phillips
Regulatory Specialist
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 25.
Fax: [phone]
Email: [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this
site and complete the survey.

' f �■ NJi I lit 47
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6 � STAT£
r� Qunr-n •nog%'•
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
September 24, 2021
Bob Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104f
Raleigh, NC 27615
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
[e-mail]
Re: Construct multifamily development, 2310 Tryon Road, Raleigh, Wake County, ER 21-2097
Dear Mr. Zarzecki:
Thank you for your letter of August 16, 2021, regarding the above -referenced undertaking. We have
reviewed the submission 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 [e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
(j 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]-6898

ER YY-####, September 24, Page 2 of 2
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]S70/814-6898