20230344 Ver 1_ePCN Application_20230303

I I
1••l 1
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:
11/22/2021
BIMS # Assigned * Version#*
20230344 1
Is a payment required for this project? *
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed?*
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Raleigh Regional Office - [phone] Zachary Thomas:[e-mail]
Information for Initial Review
la. Name of project:
Windstone Subdivision -Phase 3
la. Who is the Primary Contact?*
Deborah Shirley
lb. Primary Contact Email: * lc. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
3/3/2023
Nearest Body of Water
Stony Creek
Basin
Tar -Pamlico
Water Classification
C;NSW
Site Coordinates
Latitude:
35.974582
A. Processing Information
Longitude:
-77.830905
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Nash
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
1b. 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:
If. 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
lh. 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
Id. 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:
WHW LLC
2b. Deed book and page no.:
DB: 2980, DP: 888
2c. Contact Person:
John H. High Jr.
401 Water Quality Certification - Express
Riparian Buffer Authorization
2d. Address
Street Address
PO Box 8693
Address Line 2
City State / Province / Region
Rocky Mount NC
Postal / Zip Code Country
27804 USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. 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
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
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
Windstone
lc. Nearest municipality / town:
Rocky Mount
2. Project Identification
2a. Property Identification Number:
384119516667
2c. Project Address
Street Address
2030 Nicodemus Mile Road
Address Line 2
City
Rocky Mount
Postal / Zip Code
27804
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Stony Creek
3b. Water Resources Classification of nearest receiving water: *
C;NSW
3c. What river basin(s) is your project located in?*
Tar -Pamlico
3d. Please provide the 12-digit HUC in which the project is located.
030201010504
4. Project Description and History
2b. Property size:
31
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
Existing conditions onsite consists primarily of forested land. Specifically, there is eleven (11) wetland features (W1-W11), one (1) perennial stream (SA), one (1) intermittent stream (SB),
and one (1) pond feature located on the property. General land use in the vicinity of the project consists of single family residential neighborhoods with maintained yards to the west and
east. Forested land is located throughout the vicinity of the project. Nicodemus Mile 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 1.79 ac of Wetland; and 1.64 ac of Open Waters
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 3,200 LF
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct a residential subdivision
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The overall project consists of a single family residential development and necessary infrastructure such as roadway infrastructure, lots, utilities and SCM's. Specifically, there are stream,
riparian buffer and wetland impacts associated with two (2) road crossings and wetland impacts for proposed lot fill. 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 O 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-2021-02518
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Steven Ball
Soil & 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
USAGE- SAW-2021-02518, February 17, 2022 Kyle Barnes
NCDWR- TPBRRO #21-359, October 27, 2021 Josh Brigham
6. Future Project Plans
6a. Is this a phased project? *
Yes ^ No
6b. If yes, explain.
This is phase 3 of the Windstone Subdivision
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 at this time 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 A
Road crossing - Culvert
P
Headwater Forest
W4
Yes
Both
0.050
(acres)
Impact A
Road crossing -
Temporary construction
access
T
Headwater Forest
W4
Yes
Both
0.013
(acres)
Impact B
Road crossing - Fill
P
Bottomland Hardwood Forest
W2
Yes
Both
0.005
(acres)

Impact B
Road crossing -
Temporary construction
access
T
Bottomland Hardwood Forest
W2
Yes
Both
0.001
(acres)
Impact D
Lot Fill
P
Bottomland Hardwood Forest
W12
Yes
Both
0.010
(acres)
Impact D
Retaining Wall for Lot-
Temporary construction
access
T
Bottomland Hardwood Forest
W12
Yes
Both
0.002
(acres)
2g. Total Temporary Wetland Impact
0.016
2g. Total Wetland Impact
0.081
2i. Comments:
Total permanent loss wetland = 0.065 acres; Total temporary wetland = 0.016 acres.
2g. Total Permanent Wetland Impact
0.065
Temporary wetland impacts will be brought back to pre -construction contours and the existing adjacent wetland source will assist in the restoration of the
wetland vegetation.
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*
si
Road Crossing - Culvert
Permanent
Culvert
Stream A
Perennial
Both
8
Average (feet)
66
(linear feet)
S2
Road Crossing - Temporary
Construction access
Temporary
Other
Stream A
Perennial
Both
11
Average (feet)
5
(linear feet)
S3
Road Crossing -Dissipater
pad - (Permanent - no
permanent loss)
Permanent
Other
Stream A
Perennial
Both
8
Average (feet)
35
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
101
3i. Total stream and ditch impacts:
106
3i. Total temporary stream impacts:
5
3j. Comments:
Total permanent loss stream = 66 LF (0.013 acres); Total permanent- no permanent loss stream = 35 LF (0.006 acres); Total temporary stream = 5 LF
(0.001 acres); Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized.
Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
F Tar -Pamlico
Pi 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
Road Crossing
P
Stream A
No
5,943
3,530
6h. Total buffer impacts:
Zone 1
Total Temporary impacts: 0.00
Zone 1
Total Permanent impacts: 5,943.00
Zone 2
0.00
Zone 2
3,530.00
Zone 1 Zone 2

Total combined buffer impacts:
5,943.00 3,530.00
6i. Comments:
Impact Area C is a deemed allowable riparian buffer impact for a utility connection [15A NCAC 02B .0734(11)(kk)(i)].
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland delineation and Tar -Pamlico River Buffer evaluation for the entire property in order to identify natural resources so that
impacts could be avoided & minimized to the maximum extent practicable. Proposed impacts include two (2) road crossings, one (1) lot fill area and one
(1) utility connection with deemed allowable buffer impacts only. Impact area A is proposed road crossing. Proposed impacts include permanent (i.e.
culvert), and temporary (i.e. construction access) wetland impacts. This road crossing is necessary to access the eastern side of the property, in addition
to access to a second point of ingress and egress. Wetland impacts have been minimized by utilizing retaining walls at the crossing. Impact area B is
proposed road crossing. Proposed impacts include permanent (i.e. culverts & headwalls), and temporary (i.e. construction access) stream impacts,
permanent (i.e. fill) and temporary (i.e. construction access) wetland impacts and associated riparian buffer impacts. This road crossing is necessary to
access the property from the south. Stream and riparian buffer impacts have been minimized by utilizing head walls at the crossing, and by designing
the crossing at a near perpendicular angle. Impact Area D is proposed lot fill. Proposed impacts include permanent and temporary wetland impacts. This
impact is necessary to construct a residential structure on lot 109. A retaining wall is proposed to minimize wetland impacts. Impact Area C is a deemed
allowable riparian buffer impact for a utility connection [15A NCAC 02B .0734(11)(kk)(i)]. Temporary wetland impacts will be brought back to pre -
construction contours and the existing adjacent wetland source will assist in the restoration of the wetland vegetation. Temporary stream impacts will be
brought back to pre -construction stream bed elevations and the stream banks will be stabilized.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Erosion Control devices to protect areas outside of the limits of disturbance, including diversion ditches, skimmer basins, silt fencing, pipe inlet and outlet
protection, etc.
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:
Permanent loss stream impacts are less than 0.02 acres, permanent loss wetland impacts are less than 0.10 acres. Impacts have been avoided to the maximum extent practicable.
Therefore compensatory mitigation in the form of mitigation payment has not been proposed.
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.
City of Rocky Mount
Comments:
Per the project engineer: The City of Rocky Mount approved an energy dissipator that is sized using the "New York DOT Dissipator Method" found in the NC Erosion Control Design
Manual. A dissipator designed by this method should adequately disperse flow.
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 Windstone Subdivision -Phase 3 project is a residential development. Additionally, the project is located within the City of
Rocky Mount jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream
waters: 1) the Tar -Pamlico Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in
addition Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; and 2) 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.
Wastewater Collection System required for this density. Connecting to existing gravity sewer system.
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
October 18, 2021. FWS requested more information on the erosion and sedimentation control plan on October 29, 2021. Additional information was
forwarded to FWS on February 10, 2023. The S&EC determinations were 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.
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? *
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on March 1, 2023, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries.
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?*
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
PCN Attachments-Windstone SD.pdf 21.21MB
File must be PDF or KMZ
Comments
Signature O
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
otn.F cb' Eska.r.7
Date
3/3/2023

PCN Attachments
1. AGENT AUTHORIZATION
2. NCDWR PRE -FILING ACKNOWLEDGEMENT
3. USGS TOPO VICINITY MAP
4. NRCS COUNTY SOIL SURVEY VICINITY MAP
5. USACE JURISDICTIONAL DETERMINATION (PJD/AJD/CONCURRENCE
EMAIL)
6. NCDWR BUFFER DETERMINATION LETTER
7. S&EC THREATENED & ENDANGERD SPECIES REPORT
8. EXISTING CONDITIONS & PROPOSED CONDITIONS MAPS
9. IMPACT EXHIBITS

S&
EC
Soil & Environmental Consultants, PA
8412 Falls of \euse Road, Suite 104, Raleigh, \C 27615 • Phone: [phone] • Fax: [phone]
sandec,com
AGENT AUTHORIZATION
Project Name/Description: Wjndstone — Phase 3 S&EC Project # 14811
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Kyle Barnes Field Office: Raleigh Reaulatory Field Office
I, 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): 384119516667 & 384119600844
Site Address: Nicodemus Mile Road
City, County, State: Rocky Mount. Nash County. NC
APPLICANT INFORMATION:
Name: WHW, LLC
Mailing Address: P.O. Box 8693, Rocky Mount, NC 27804
Telephone Number: 252-443-1511
Email: jhhighjrnaol.com
WHW, LLC -John H. High, Jr,
Applicant (please print) Date
Z 2 2 /
plicant Signa
We hereby certify the above Information submitted /n this application Is true and accurate to
the best of our knowledge,

Deborah Shirley
From: [e-mail]
Sent: Monday, November 22, 2021 8:44 AM
To: Deborah Shirley
Subject: Pre -Filing Meeting Request Acknowledgement - Windstone Phase 3
Attachments: DWR Pre -Filing Meeting Request Form.pdf
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form
for Windstone Phase 3 that you submitted on 11/22/2021. Attached is a copy of your request.
All certification requests (applications) must include documentation that a pre -filing meeting request was
submitted to the certifying authority at least 30 days prior to submitting the certification request.
The Division can not accept an application for your project earlier than 30 days from this pre -filing meeting
request. Applications that do not meet this 30-day requirement will be returned.
Please save this email/attachment; it must be submitted with your application to document that this
requirement has been met.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address,
as responses are not monitored.
i

Project Number:
14811.W1
Project Manager:
SB
scale• 1" 1000'
Date:
06/15/2021
Map Title:
Figure 1 - USGS Map
Windstone
Nash County, NC
Source:
2019 NC Rock Mount Quad
0 1,000 2,000
1 I I I 1 1 1 1 1
Feet
S&
EC
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandeo.com

Ra Ud NoB
Cut and FtII
Bb
NoB �k NcoB
G WkA
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NoB Ud
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Project Number:
14811.W1
Project Manager:
SB
Scale:
1"=1000'
06/15/2021
Map Title:
Figure 2 - Soil Survey
Windstone
Nash County, NC
Source: Nash County Soil
Survey Sheet 09
Soil & Environmental Consultants, PA
8412 Falls ofNeuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone] i
sand.: corn

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-02518-SAW County: Nash County U.S.G.S. Quad:RockyMount
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: WHW, LLC.
John High Jr.
Address:
Telephone Number:
P.O. Box 8693,
Rocky Mount, NC, 27804
[phone]
Size (acres) 33 Nearest Town Rocky Mount
Nearest Waterway Stony Creek RiverBasin Pamlico
USGS HUC 03020101 Coordinates Latitude:35.974604
Longitude: -77.831221
Location description: The project area is located at 2200 Nicodemus Mile Road approximately 0.5 miles south of the
intersection with Hunter Hill Road in the town of Rocky Mount in Nash County North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area that maybe subject to Section 404of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe 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 im pacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision m ade on the basis of a preliminary JD will treat a llwaters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters ofthe U.S. This preliminary
determination isnot 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 Section404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction over a llof 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.
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps.
We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no
change in the law or our published regulations, may be relied upon for a period not to exceed five years.
Page 1 of 2

SAW-2021-02518-SAW
_ 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 (CAMA). You should
contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their requirements.
Pla cement of dredged or fill m a terial within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Wa ter Act (33 USC § 1311). Pla cement o f dredged or fill material, construction or
pla cement 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/or403). If you have any questions
regardingthis determination and/or the Corps regulatory program, please contact Kyle Barnes at [phone] or
[e-mail].
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks:
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 particular site identified in this request. This
delineation and/or jurisdictional determination m ay 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 NotificationofAppealProcess (NAP) fact sheet and Request forAppeal(RFA) form. Ifyourequest to appeal this
determination you m ust 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, FloorM9
Atlanta, Georgia 30303-8803
AND
PH I LI P.A. [e-mail]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal
under 33 CFRpart 331.5, andthat it has been received by the Division Office within 60 days ofthe date ofthe NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.
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: 2,) C'LMyad t--
Date: February 17.2022 Expiration Date: None
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://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0.

SAW-2021-02518-SAW
Copy Furnished:
Soil & Environmental
Josh Harvey
8412 Falls of Neuse Road Suite 104
Raleigh, North Carolina, 27615

SAW-2021-02518-SAW
NOTIFICATION OF ADMINISTRATIVE
APPEAL OPTIONS AND PROCESS AND
FOR APPEAL
REQUEST
Applicant: John High Jr.,
File Number: SAW-2021-02518-
Date: February 17,2022
Attached is:
See Section below
[
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
[
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
[
PERMIT DENIAL
C
[
APPROVED JURISDICTIONAL DETERMINATION
D
Z
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION
Additional
Corps
I - The following identifies your rights and options regarding an administrative
inform ation may be found athttp://www.usace.army.mil/Missions/CivilWorks/Rego
appeal of the above decision.
la tory Pro gra man dPerm its.aspx or
regulations at 33 CFR Part 331. a.
A: INITIAL PROFFERED PERMIT: You may acceptor 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 thatyou accept the permit in its entirety, and waive affrights to appealthe
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, y ou m ay requestthat 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 ofthis notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt ofyourletter,the district engineer will evaluate your objections and may: (a)modifythe
permit to address allof 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 y our objections, the district engineer
will send you a proffered permit for your reconsideration, a s indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, y ou 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 thatyouaccept 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 mustbe received by the division engineer within 60 days ofthe 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
mustbe 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 affrights 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
AppealProcess by completing Section II ofthis form and sending the form to the division engineer. This form must be received by
the division engineer within 60 daysofthe date of this notice.

SAW-2021-02518-SAW
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.
TO AN INITIAL PROFFERED PERMIT
SECTION II - REQUEST FOR APPEAL or OBJECTIONS
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: 1 _
If you have questions regarding this decision and/or the
If you only have questions regardingthe appealprocess you may
appealprocess you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Attn: Kyle Barnes
US Army Corps of Engineers
South Atlantic Division
2407 West 5th Street
Attn: Mr. Philip A. Shannin
Washington, North Carolina 27889
Administrative Appeal Review Officer
60 Forsyth Street SW, FloorM9
Atlanta, Georgia 30303-8803
[e-mail]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appealprocess. You will be provided a 15 day
notice of any site investigation 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 fo rm to :
District Engineer, Wilmington Regulatory Division, Attn: Kyle Barnes, 2407 West 5th Street
Washington, North Carolina 27889
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 10M15, Atlanta, Georgia30303-8801
Phone: [phone], [e-mail]

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: February 16, 2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Joshua Harvey - 8412 Falls of Neuse Road, Raleigh NC 27615
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW-2021-02518 Windstone/Nash
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: Nash City: Rocky Mount
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.974604 Long.: -77.831221
Universal Transverse Mercator: NAD 83
Name of nearest waterbody: Stony Creek (C; NSW)
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
• Field Determination. Date(s): December 9, 2021
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
35.974877
-77.831808
2165 ft.
Perennial Stream
Section 404
B
35.976628
-77.833147
365 ft.
Intermittent Stream
Section 404
Pond 1
35.973221
-77.832013
1 .536 ac.
Pond
Section 404
W1
35.977432
-77.832979
0.245 ac
Wetland
Section 404
W2
35.975956
-77.832703
0.099 ac.
Wetland
Section 404
W3
35.975286
-77.832468
0.040 ac.
Wetland
Section 404

W4
35.974941
-77.831011
0.376 ac.
Wetland
Section 404
W5
35.974186
-77.831266
0.278 ac.
Wetland
Section 404
W6
35.973884
-77.830955
0.020 ac.
Wetland
Section 404
W7
35.973135
-77.829128
0.262 ac.
Wetland
Section 404
W8
35.973882
-77.830116
0.024 ac.
Wetland
Section 404
W9
35.974052
-77.831997
0.38 ac.
Wetland
Section 404
W10
35.973852
-77.831845
0.027 ac.
Wetland
Section 404
W11
35.972995
-77.831637
0.026 ac.
Wetland
Section 404
W12
35.975162
-77.83175
0.131 ac
Wetland
Section 404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an 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: Aquatic Resource Map
O Data sheets prepared/submitted by or on behalf of the PJD requestor.
n Office concurs with data sheets/delineation report.
n 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 "=1000' & 2019 NC Rock Mount Quad
O Natural Resources Conservation Service Soil Survey. Citation: Nash County Soil Survey Sheet 09
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑ Photographs: n Aerial (Name & Date):
or n Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determi nations.
Signatuc"4a and date of
Regulatory staff member
completing PJD
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.

Detailed Delineation of Waters of the US
Suitable for Preliminary Planning Only
S&EC reserves the right to modify this map based on more fieldwork,
and any other additional information. Approximations were mapped using
topographic maps, air photos and ground truthing. If the site is going
to be disturbed, S&EC's detailed delineation should be approved and
permitted by the U.S. Army Corps of Engineers as required. If the user of
this work desires an accurate map of the regulated features flagged by
SB&EC, they should retain a NC Registered Professional Land Surveyor to
locate S&EC's flagging.
Per site visit with Kyle Barnes
of the USACE on 12/9/21
Wetland Area added
Approximate area for
Unauthorized activity-0.15 ac
r3 .
Project No.
14811.W1
Project Mgr.:
SB
Scale:
1" = 200'
12/10/21
Wetland Sketch Map
Windstone
Nash County, NC
Aerials from NC One Map
Prepared by: JH
0
S&
EC
Additional Area
0 Potentially Jurisdictional Perennial Stream
moo Potentially Jurisdictional Intermittent Stream
Potentially Jurisdictional Pond
Potentially Jurisdictional Wetland
Approximate LOD for Temporary Skimmer Basin
Potential 50' Tar -Pamlico Buffer
200
SB 200 and SB212 tt Channel
400
800 Feet
Soil & Environmental Consultants, PA
8412 Falls of \clAe Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: (9 i9) 846.9467
sandec.com
N

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 28th, 2021
Mason Montgomery, Soil & Environmental Consultants
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27587
Subject: Buffer Determination Letter
TPBRRO #21-359
Nash County
Determination Type:
Buffer
Intermittent/Perennial
❑ Neuse (15A NCAC 2B .0714)
❑ Intermittent/Perennial Determination (where local
buffer ordinances apply)
/1 Tar -Pamlico (15A NCAC 2B .0734)
❑ Jordan (15A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name:
Address/Location:
Stream(s):
Windstone
Nicodemus Miles Road, Rocky Mount, NC
Stony Creek
Determination Date: 10/27/2021
Staff: Josh Brigham
Stream
Feature
E�/P(t)
Not
Subject(2)
Subject
Start@
Stop@
Soil
Survey
USGS
Topo
A
X
Throughout Project Boundary
X
X
C
X
X
Pond 1
X
X
X
(1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, NE = Not Evaluated
(2) Refers to State riparian buffer ru es only. Stream, wetland, or pond impacts are still subject to applicab e water quality standards and permitting requirements.
Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Nash 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
�DEQNOPM CAAO J
ow•wNaem6omenm°Mq�
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

Windstone
Nash County
10/28/2021
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 five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR
— 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. 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)-554-4884.
If you have questions regarding this determination, please feel free to contact Josh Brigham at [phone].
Sincerely,
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, Mason Montgomery, S&EC, mmontgomery(&isandec.com
a
DEQ
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
919.791.4200

Windstone
Wake County, NC-DWR Project # 21-359
NRCS Soil Survey Sheet 9
Nash Co., NC 1989
Legend:
-project boundary
Base map provided by S&EC
:: Locations are approximate
and are provided for refer-
ence only ::
t
AV

Windstone
Wake County, NC-DWR Project # 21-359
USGS Topographical Map
Rocky Mount Quadrangle 2019
Legend:
-Project boundary
Base map provided by S&EC
:: Locations are approximate
and are provided for refer-
ence only ::
t
1

S&
EC
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandec.com
To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
October 15, 2021
S&EC Project No: 14811.W5
Re: Online Project Review Request, Windstone, Rocky Mount — Nash 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 15, 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.
The location of the project and the action area are identified on the enclosed maps.
Windstone (35.975137, -77.831317). The site is located at 2030 Nicodemus Mile Road, Rocky Mount —
Nash 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
2. S&EC T&E Species Report
3. Vicinity Maps
4. S&EC Photo Report
5. FWS Official Species List
6. NIIP Report
7. FWS Species Conclusion Table
8. FWS Self -Certification Letter

Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandec.com
October 15, 2021
S&EC ProjectNo.: 14811.W5
To: Joyner Keeny, PLLC
Attn: Nick Rightmyer
1051 N. Winstead Avenue
Rocky Mount, NC 27804
Re: THREATENED & ENDANGERED SPECIES REPORT
Windstone SD Phase (+/- 46 acres)
2030 Nicodemus Mile Road, Rocky Mount, Nash County, NC
Dear Mr. Rightmyer:
On July 16 & October 11, 2021, Soil & Environmental Consultants, PA (S&EC) evaluated the
Windstone SD Phase shown on the attached maps for potential endangered species. The property is
located at 2030 Nicodemus Mile Road in Nash County, NC. Surface waters on -site flow into Stoney
Creek in the Tar -Pamlico 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.
Windstone SD Phase- S&EC Threatened & Endangered Species Report
Page 1 of 7

October 15, 2021
S&EC Project #14811.W5
RESULTS:
The FWS official species list identified the following threatened and endangered species for the
Evaluation limits:
• Neuse River Waterdog (Necturus lewisi), Proposed Threatened
• Carolina Madtom (Noturus furiosus), Proposed Endangered
• Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened
• Dwarf Wedgemussel (Alasmidonta heterodon), Endangered
• Tar River Spinymussel (Elliptio steinstansana), Endangered
• Yellow Lance (Elliptio lanceolata), Threatened
• Michaux's Sumac (Rhus michauxii), Endangered
Of the species identified on the official species list, the NHP report did identify a historical elemental
occurrence from 1991 for Yellow Lance 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 twelve managed areas within the project area or within one mile of the project area.
These are listed out in the attached NHP Report.
NEUSE RIVER WATERDOG (Necturus lewisi):
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.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. Blank Creek
was +/-5 feet wide with medium baseflow and had a sandy silty substrate. Additionally, the other
streams on -site did not have suitable habitat. Due to these observations, we have concluded that the
project would have "No effect" on the Neuse River Waterdog.
Windstone SD Phase - S&EC Threatened & Endangered Species Report
Page 2 of 7

October 15, 2021
S&EC Project #14811.W5
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
stream was +/-5 feet wide with medium baseflow and had a sandy silty substrate. Additionally, the
other streams on -site did not have suitable habitat and there was little nesting habitat. Due to these
observations, we have concluded that the project would have "No effect" on the Carolina Madtom.
ATLANTIC PIGTOE (Fusconaia masoni):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large
rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel
with moderate to high flowing water. While we did not specifically sample for the species, we also did
not find any evidence of the species while conducting our preliminary surveys of the streams for
potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial
stream was +/-5 feet wide with medium baseflow and had a sandy silty substrate. Additionally, the
other streams on -site did not have suitable habitat and there was little nesting habitat. Due to these
observations, we have concluded that the project would have "No effect" on the Atlantic Pigtoe.
Windstone SD Phase - S&EC Threatened & Endangered Species Report
Page 3 of 7

October 15, 2021
S&EC Project #14811.W5
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
stream was +/-5 feet wide with medium baseflow and had a sandy silty substrate. Additionally, the
other streams on -site did not have suitable habitat and there was little nesting habitat. Due to these
observations, we have concluded that the project would have "No effect" on the Dwarf Wedgemussel.
TAR RIVER SPINYMUSSEL (Elliptio steinstansana):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable
habitat for the Tar River Spinymussel (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 it. The suitable habitat for this species consists of silt free
sand and gravel substrate, with well oxygenated reaches. 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 survey of the streams for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial
stream was +/-5 feet wide with medium baseflow and had a sandy silty substrate. Additionally, the
other streams on -site did not have suitable habitat and there was little nesting habitat. Due to these
observations, we have concluded that the project would have "No effect" on the Tar River
Spinymussel.
Windstone SD Phase - S&EC Threatened & Endangered Species Report
Page 4 of 7

October 15, 2021
S&EC Project #14811.W5
YELLOW LANCE (Elliptio lanceolata):
S&EC personnel conducted preliminary surveys of the streams on site for potential suitable habitat for
the Yellow Lance (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did list a known historical elemental occurrence within one mile of the site.
The suitable habitat for this species consists of medium sized rivers and small creeks with excellent water
quality. This species typically lives in streams with clean, coarse sand, and gravel with moderate to high
flowing water. While we did not specifically sample for the species, we also did not find any evidence
of the species while conducting our preliminary surveys of the streams for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial
stream was +/-5 feet wide with medium baseflow and had a sandy silty substrate. Additionally, the
other streams on -site did not have suitable habitat and there was little nesting habitat. Due to these
observations, we have concluded that the project would have "No effect" on the Yellow Lance.
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 sewer easements, fields, and logged
areas. Other sumac species identified on -site included Winged sumac (Rhus copallinum). Given the
lack of species present within the areas believed to be suitable habitat, we concluded that the project
would have "No effect" on Michaux's sumac.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests on -site or within one
mile of the site. Given the lack of species present, we have concluded that the project is "Unlikely to
disturb nesting bald eagles". We believe no Eagle Act Permit is required.
Windstone SD Phase - S&EC Threatened & Endangered Species Report
Page 5 of 7

October 15, 2021
S&EC Project #14811.W5
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
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. 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.
6. NHP report: September 10, 2021.
7. S&EC — FWS Species Conclusion Table. October 15, 2021.
8. S&EC — FWS Self -Certification Letter. October 15, 2021.
Windstone SD Phase - S&EC Threatened & Endangered Species Report
Page 6 of 7

October 15, 2021
S&EC Project #14811.W5
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 masonz). 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/ 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/
Windstone SD Phase - S&EC Threatened & Endangered Species Report
Page 7 of 7

61EENFIE
Project Number:
14811.W5
Project Manager:
SB
Scale: 1 1000'
Date:
10/15/2021
Map Title:
USGS Map
Windstone
Nash County, NC
Source:
2019 NC Rock Mount Quad
100-
NC Center,for Geographic Information & °,nralysils
0 1,000 2,000
1 1 1 1 1 I I I 1
Feet
S&
EC
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandee.com

Project Number:
14811.W5
Project Manager:
SB
Scale:
Date:
1" = 500'
10/15/2021
Map Title:
Soil Survey Map
Windstone
Nash County, NC
Source: USDA Soil Survey
Sheet 9
0
500
1,000
1 I I I 1 1 1 1 1
Feet
Soil & Environmental Consultants, PA
8412 Falls ofNeuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone] i
sand.: corn

Windstone
Nash County, NC
Aerials from NC One Map
z ' o Potentially Jurisdictional Perennial Stream
cz3.0.0 Potentially Jurisdictional Intermittent Stream
Potentially Jurisdictional Pond
Potentially Jurisdictional Wetland
Potential 50' Tar -Pamlico Buffer
8412 Falk or ticuse Road_ Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandec.com

Job #: 14811.W5
October 15, 2021
Threatened and Endangered Species Photo Report for the Windstone SD Project
Photo 1: Sewer easement
Photo 2: Perennial stream
1

Job #: 14811.W5
October 15, 2021
Photo 3:
Photo 4: Perennial stream
2

Job #: 14811.W5
October 15, 2021
Photo 5:
Photo 6: Pond edue
3

x
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Consultation Code: 04EN2000-2021-SLI-2187
Event Code: 04EN2000-2021-E-04490
Project Name: Windstone SD Phase (new)
September 10, 2021
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or

09/10/2021
Event Code: 04EN2000-2021-E-04490 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/migratorybirds/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 at [e-mail].

09/10/2021
Event Code: 04EN2000-2021-E-04490 3
Attachment(s):
• Official Species List

09/10/2021
Event Code: 04EN2000-2021-E-04490 1
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-04490 2
Project Summary
Consultation Code: 04EN2000-2021-SLI-2187
Event Code: Some(04EN2000-2021-E-04490)
Project Name: Windstone SD Phase (new)
Project Type: DREDGE / EXCAVATION
Project Description: This project is located at Nicodemus Mile Road, Nash County, NC.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.97500925,-77.83121915805371,14z
I lu= 5'J iIOri L
Counties: Nash County, North Carolina

09/10/2021
Event Code: 04EN2000-2021-E-04490 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
Fisheriesl, 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.
Amphibians
NAME
Neuse River Waterdog Necturus lewisi
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/6772
Fishes
NAME
STATUS
Threatened
STATUS
Carolina Madtom Noturus furiosus
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/528
Endangered

09/10/2021
Event Code: 04EN2000-2021-E-04490 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://ecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/784
Tar River Spinymussel Elliptio steinstansana
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1392
STATUS
Yellow Lance Elliptio lanceolata
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/4511
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Proposed
Threatened
Endangered
Endangered
Threatened
STATUS
Candidate
STATUS
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

■ ■...
—BM'. NC DEPARTMENT OF
■ EI= NATURAL AN❑ CULTURAL RESOURCES
■.■■■
September 10, 2021
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Windstone SD Phase (New); 14811.W5
Dear Robert Zarzecki:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Walter Clark
Director, Division of Land and Water Stewardship
NCNHDE-15675
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES
Q 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 'M9.707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Windstone SD Phase (New)
Project No. 14811.W5
September 10, 2021
NCNHDE-15675
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic
Group
Freshwater
Bivalve
Freshwater 15588 Lampsilis cariosa
Bivalve
Mammal 24389 Corynorhinus
rafinesquii macrotis
EO ID Scientific Name Common Name
21947 Elliptio lanceolata
Yellow Lance
Observation
Dated
1991-05-06
Yellow Lampmussel 2001-08-22
Eastern Big -eared Bat 2006-Pre
Natural Areas Documented Within a One -mile Radius of the Project Area
Na entational Rating
TAR/Stony Creek Aquatic Habitat R4 (Moderate)
Managed Areas Documented Within a
Managed Area Name
NC Land and Water Fund Project
NC Division of Mitigation Services
City of Rocky Mount Open Space
City of Rocky Mount Open Space
City of Rocky Mount Open Space
City of Rocky Mount Open Space
City of Rocky Mount Open Space
City of Rocky Mount Open Space
City of Rocky Mount Open Space
City of Rocky Mount Open Space
City of Rocky Mount Open Space
USFWS Critical Habitat - Neuse River Waterdog
Easement
One -mile Radius of the
Owner'
NC DNCR, NC Land and Water Fund
NC DEQ, Division of Mitigation Services
City of Rocky Mount
City of Rocky Mount
City of Rocky Mount
City of Rocky Mount
City of Rocky Mount
City of Rocky Mount
City of Rocky Mount
City of Rocky Mount
City of Rocky Mount
US Fish and Wildlife Service
Element
Occurrence
Rank
H?
Project Area
Accu racy
3-Medium
E 3-Medium
E 5-Very
Low
Federal
Statu
jia
Threatened
Collective Rating
C4 (Moderate)
Owner Type
State
State
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Federal
State
Status
f 1
Endangered
Global State
Rank Rank
1
G2 S2
Endangered G3G4 S3
Special G3G4T S3
Concern 3
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on September 10, 2021; source: NCNHP, Q2 July 2021. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

Q
S
September 10, 2021
0
Project Boundary
Buffered Project Boundary
NHP Natural Area (NHNA)
Managed Area (MAREA)
NCNHDE-15675: Windstone SD Phase (New)
titor.,r,rrye L;l
Uucn sr
Smukey Rd
132 tt so.e.ya•E
Fairing R 'k a3C
Yo n
perk NJ U
1:24,451
0 0.2 0.4 0.8 mi
i 1 ti ti ti 5
0 0.325 0.65 1.3 km
Sources' Esri, HERE, Garmin,, Intermap, increment P Corp_. GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esn Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Page 3 of 3

Species Conclusions Table
Project Name: Windstone SD Phase
Date: October 15, 2021
Species / Resource Name
Conclusion
ESA Section 7 / Eagle Act Determination
Notes / Documentation
Neuse River Waterdog
Necturus lewisi
No suitable habitat present
No effect
Preliminary habitat survey completed by S&EC
staff on July 16 & October 11, 2021.
Carolina Madtom Noturus
furiosus
No suitable habitat present
No effect
Preliminary habitat survey completed by S&EC
staff on July 16 & October 11, 2021.
Atlantic Pigtoe Fusconaia
masoni
No suitable habitat present
No effect
Preliminary habitat survey completed by S&EC
staff on July 16 & October 11, 2021.
Dwarf Wedgemussel
Alasmidonta heterodon
No suitable habitat present
No effect
Preliminary habitat survey completed by S&EC
staff on July 16 & October 11, 2021.
Tar River Spinymussel Elliptio
steinstansana
No suitable habitat present
No effect
Preliminary habitat survey completed by S&EC
staff on July 16 & October 11, 2021.
Yellow Lance Elliptio
lanceolate
No suitable habitat present
No effect
Preliminary habitat survey completed by S&EC
staff on July 16 & October 11, 2021.
Michaux's Sumac Rhus
michauxii
Suitable habitat present,
species not present
No effect
Preliminary habitat survey completed by S&EC
staff on July 16 & October 11, 2021.
Bald Eagle
Haliaeetus leucocephalus
Unlikely to disturb nesting
Bald Eagles
No Eagle Act permit required
Preliminary habitat survey completed by S&EC
staff on July 16 & October 11, 2021.
Northern Long-eared Bat
Myotis septentrionalis
Suitable habitat present,
species not present
May affect, not likely to adversely affect
Preliminary habitat survey completed by S&EC
staff on July 16 & October 11, 2021. 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.
Critical Habitat
No critical habitat
Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed
decision about impacts in the immediate and surrounding areas.
Mason Montgomery / Environmental Scientist, Wetlands Department at S&EC, PA
Signature /Title
October 15, 2021
Date

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:
Self -Certification Letter
Project Name Windstone Subdivision
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 [e-mail] 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

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LAYOUT TAB
PLANI
JoynerKeen`y
Planning, SurveyingEngineering
1051 N. Winstead Avenue - P.O. Box 7533
Rocky Mount, North Carolina 27804
North Carolina Firm No. P-0551
V: 252.977.3124
F: 252.985.6026