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HomeMy WebLinkAbout20230345 Ver 1_ePCN Application_20230303I I 1• 111 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: 9/17/2021 BIMS # Assigned * Version#* 20230345 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 - (919) 791-4200 Zachary Thomas:zachary.thomas@ncdenr.gov Information for Initial Review la. Name of project: New Bern Crossings la. Who is the Primary Contact?* Jennifer Burdette lb. Primary Contact Email: * lc. Primary Contact Phone: * Burdette@nrconsultnc.com (919)422-3605 Date Submitted 3/3/2023 Nearest Body of Water UT Crabtree Creek Basin Neuse Water Classification C; NSW Site Coordinates Latitude: 35.794853 A. Processing Information Longitude: -78.579367 Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Wake Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 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: City of Raleigh 2b. Deed book and page no.: 2c. Contact Person: Tanya Eastwood, New Bern Harmony Housing, LLC 2d. Address Street Address 4025 Lake Boone Trail, Ste 209 Address Line 2 City Raleigh Postal / Zip Code 27607 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (919)573-7502 2g. Email Address:* jon.purinai@greyco.com 3. Applicant Information (if different from owner) 3a. Name: Jon Purinai 3b. Business Name: Greystone Affordable Development, LLC 3c. Address Street Address 4025 Lake Boone Trail, Ste 209 Address Line 2 City Raleigh Postal / Zip Code 27607 3d. Telephone Number: (919)410-5304 3f. Email Address:* jon.purinai@greyco.com 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Burdette 4b. Business Name: Natural Resource Consultants, LLC 4c. Address Street Address 308 W. Millbrook Road Address Line 2 Ste. D, #200 City Raleigh Postal / Zip Code 27609 4d. Telephone Number: (919)422-3605 4f. Email Address: * Burdette@nrconsultnc.com State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region North Carolina Country USA 4e. Fax Number: C. Project Information and Prior Project History O 1. Project Information lb. Subdivision name: (if appropriate) lc. Nearest municipality / town: Raleigh 2. Project Identification 2a. Property Identification Number: 1724449824 & 1724447360 2b. Property size: 20 2c. Project Address Street Address 3600 New Bern Avenue Address Line 2 City State / Province / Region Raleigh North Carolina Postal / Zip Code Country 27610 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * UT Crabtree Creek 3b. Water Resources Classification of nearest receiving water: * C; NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010804 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The proposed project is located at 3312 and 3600 New Bern Avenue in Raleigh, Wake County, North Carolina. The site consists of two undeveloped parcels located within an existing commercial, residential, and highway corridor. The site is generally forested by mixed hardwood species with pines interspersed in the northern portion of the site. A sanitary sewer easement runs north -to -south along the eastern property boundary. A powerline easement runs north -to -south along the eastern edge of the project area. Please refer to the attached USGS Location Map (Figure 1), Wake County Soil Survey Map (Figure 2B) and Aerial Map (Figure 3) for more information on the project setting. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.05 4g. List the total estimated linear feet of all existing streams on the property: 1,947 4h. Explain the purpose of the proposed project: * The purpose of the project is to extend an existing culvert in order to provide secondary emergency access to a proposed affordable housing community. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project involves the extension of an existing culvert within an unnamed intermittent tributary (UT Crabtree Creek; Class C, NSW) in order to establish emergency driveway access to a proposed affordable housing community. The proposed housing community will consist of six buildings ranging in occupancy from 28-42 units, a clubhouse, and an internal road network with parking, utilities, and stormwater control measures. Hillcrest Drive serves as the primary entrance to the development; however, additional emergency access is required by the county given the occupancy of the proposed residential community. Heavy equipment typical for earth -moving and construction will be utilized to construct the proposed project, such as track hoes, dump trucks, and graders. A pump around system will be used to separate the construction area from the flowing stream. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes Comments: A PJD request for the project site is attached. 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Alec Pierzga Agency/Consultant Company: NRC (formerly McAdams) Other: 6. Future Project Plans 6a. Is this a phased project? * Yes OO No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 3. Stream Impacts Buffers 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Culvert Permanent Culvert UT Crabtree Creek Intermittent Both 6 Average (feet) 22 (linear feet) S2 Access/Pump-Around Temporary Other UT Crabtree Creek Intermittent Both 6 Average (feet) 3 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 22 3i. Total stream and ditch impacts: 25 3j. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other 3i. Total temporary stream impacts: 3 Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Road Crossing P UT Crabtree Creek No 2,552 1,627 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 0.00 Zone 1 2,552.00 Zone 2 0.00 Zone 2 1,627.00 Zone 1 Zone 2 2,552.00 1,627.00 E. Impact Justification and Mitigation 1. Avoidance and Minimization 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The applicant requested a delineation of surface waters and wetlands prior to designing a site plan in order to avoid and minimize impacts to these resources to the maximum extent practicable. The expansion of a previously existing culvert within one location/stream crossing provides emergency access to the entirety of the proposed 20 AC project site. NCDOT has identified the proposed emergency access as the only suitable location due to the Interstate 440 on -ramp and restrictions that pertain to controlled access. Essie Street, located south of Hillcrest Drive, was also considered for use as emergency access. This unpaved street is located off property, terminates at a powerline corridor, and does not meet NCDOT criteria for use as an authorized road. Efforts to improve this roadway for emergency access would render the project financially unfeasible. Stream and riparian buffer impacts are associated only with the proposed culvert extension and emergency access crossing. Please reference the attached Site Plan and Impact Maps. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The culvert is designed to be buried 1 foot and centered on the stream channel to maintain aquatic life passage. A pump around system will be utilized to separate the construction area from the flowing stream. All equipment will be operated from high ground. A Sediment and Erosion Control Plan will be developed and approved by Wake County, and the project will comply with the supplementary NPDES Construction Stormwater Permit (NCG010000). 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 impacts/loss of stream associated with the project (0.003 AC) are below the mitigation threshold. 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. The City of Raleigh Comments: Stormwater management on this site shall meet the stormwater management performance standards for development set forth in Section 9.2.2 — Stormwater Runoff Controls of the City of Raleigh regulations. 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 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes No Comments: * The project will utilize less than ten million dollars of public funding. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? * Yes No 3b. If you answered "no," provide a short narrative description. The proposed culvert extension would provide emergency access to the New Bern housing community. Residents moving into newly developed housing units could obtain all goods and services from existing facilities along Interstate 440 and the US 64/New Bern Avenue corridor. It is not anticipated that the proposed project will result in additional development that could impact nearby downstream water quality. 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 generated at the site would be treated at a local municipal facility. The project will connect with an existing municipal line. 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? On November 24, 2021, a protected species assessment was submitted to the Raleigh Office of the USFWS including an official species list generated by the USFWS IPaC website and a NCNHP report for the project area. A self -certification letter, species conclusion table, and email submittal are attached. No response to the assessment has been received. A draft email is attached for USACE's use in USFWS consultation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA Essential Fish Habitat (EFH) Mapper (http://www.habitat.noaa.gov/protection/efh/efhmapper/) accessed February 7, 2023. 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? * Please refer to the attached letter from the State Historic Preservation Office on January 26, 2023 indicating the agency has no comment on the proposed project as proposed. 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?* FEMA Map Service Center; FIRM map number 3720172400K, panel 370243, effective 7/19/2022. Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document New Bern Crossing Ltr + PCN Attachments_Optimized.pdf 7.47MB 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: Jennifer Burdette Signature cAtOtgee-tdtr Date 3/3/2023 Natural Resource Consultants March 3, 2023 U.S. Army Corps of Engineers Raleigh Regulatory Field Office via online PCN Submittal NC Division of Water Resources 401 & Buffer Transportation Permitting Branch via online PCN Submittal RE: Nationwide Permit 29/Water Quality Certification 4256/Buffer Application New Bern Crossing Raleigh, Wake County, North Carolina NRC Project #: 21063 To Whom It May Concern: On behalf of the City of Raleigh, we are applying for a Nationwide Permit 29 from the US Army Corps of Engineers (USACE) and a Water Quality Certification 4256 and Buffer Authorization from the NC Division of Water Resources (DWR) for proposed impacts to jurisdictional waters and riparian buffers associated with the New Bern Crossing project. The proposed project involves the extension of an existing culvert within an unnamed intermittent tributary to Crabtree Creek to establish emergency driveway access to a proposed affordable housing community in Raleigh, Wake County, North Carolina. A USACE Action ID nor a DWR Project number have been assigned to this project. A list of the attachments to the online Pre -Construction Notification Application and those attachments follow this letter. Your review of this project is greatly appreciated. If you have any questions or require additional information, please contact me at (919) 422-3605 or burdette@nrconsultnc.com. Sincerely, Natural Resource Consultants Jennifer Burdette, PWS Sr. Environmental Consultant 308 W Millbrook Road, Ste D #200, Raleigh, NC 27609 919.422.3605 USACE/DWR NRC Project #: 21063 March 3, 2023 Page 2 of 2 Attachments: Pre -filing Agent Authorization Figures & Impact Maps Preliminary Jurisdictional Determination Request Protected Species Cultural Resources EC: Jon Purinai (jon.purinai@greyco.com) Adam Pike, McAdams (pike@mcadamsco.com) Natural Resource Consultants New Bern Crossing - Permit Application List of Attachments Pre -filing Agent Authorization Figures & Impact Maps Preliminary Jurisdictional Determination Request Protected Species Cultural Resources Pre -filing From: laserfiche@ncdenr.aov To: Jennifer Burdette Subject: Pre -Filing Time Clock has been reached for New Bern Crossings - Ver Date: Saturday, October 30, 2021 12:02:28 AM Attachments: DWR Pre -Filing Meeting Request Form.Ddf The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for New Bern Crossings that you submitted on 9/29/2021. Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be accepted. When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. Internal Use only: Non Transportation Agent Authorization Form 1(flatural ourc Rese onsultants AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Applicant FIELDS WITH * ARE REQUIRED Project Area PIN(s): 1724449824, 1724447360 Name: Greystone Affordable Development LLC — POC: Mr. Jon Purinai Address: 4025 Lake Boone Trail, Suite 209, Raleigh, NC 27607 Phone: 919-410-5304 Email: Jon.purinai@greyco.com Project Name: New Bern Crossing Project Number: 21063 Project Manager: Jennifer Burdette US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 NC Division of Water Resources 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 Re: Clean Water Act & Riparian Buffer Related Consulting and Permitting To Whom It May Concern: I hereby designate and authorize Natural Resource Consultants to act on my behalf as my agent in obtaining verification of wetland delineations and processing of permit applications for the project listed above. I, the undersigned, a duly authorized applicant for the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Natural Resource Consultants' staff. Jon Purinai rL �u�r. Print Applicant Name Si * pp *Signature Senior Project Director 12/19/22 *Title *Date 308 W Millbrook Road, Ste D #200, Raleigh, NC 27609 / 919. 422. 3605 Project Name: New Bern Crossing Project Manager: Adam Pike/Jennifer Burdette Property Owner Certification Information Parcel Information Street Address: City, State: County: Parcel Index Number(s) (PIN): 3312 & 3600 New Bern Avenue Raleigh, NC Wake 1724449824, 1724447360 Property Owner Information Name: Name & Title (if applicable): Mailing Address: Telephone Number: Electronic Mail Address: New Bern Harmony Housing Ilc Tanya Eastwood VP 4025 Lake Boone Trail, Suite 209 Raleigh NC 27607 919-573-7502 jon.purinai@greyco.com Property Access Certification By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigation, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the Undersigned, am either a duly authorized owner of record of the property identified herein or acting as the duly authorized agent of the owner of record of the property. Tanya Eastwood Print Name Capacity: Owner X Authorized Agent February 23, 2023 Date CLrI S{4)0.1 Signature The applicant has a Option to Lease Real Estate agreement signed by the City of Raleigh on February 16, 2023. Project Number: McAdams -2020110075; NRC 21063 Figures & Impact Maps NOTES: 1. USGS; 7.5 MINUTE, QUAD, RALEIGH EAST, NORTH CAROLINA; 2019 2. LAT: 35.794280, LONG: -78.579059 3. The project area is approximately 20 acres in size. MCA DAMS FIGURE 1. USGS TOPOGRAPHIC MAP NEW BERN CROSSING RALEIGH, WAKE COUNTY, NC 0 1,000 2,000 Feet 1 inch = 2,000 feet VERSION: 1 DATE: 5/13/2021 JOB NO: 2020110075 DRAWN BY: pierzga M:\Projects\Greystone\2020110075\04-Production\Natural Resources\GIS\2020110075_NBXing_Fig 1 USGS.mxd, 5/13/2021 3:07:51 PM, pierzga NOTES: 1. NRCS; SOIL SURVEY SHEET 50, WAKE COUNTY, NC (1970) FIGURE 2B. BUFFER SUBJECTIVITY SOIL SURVEY NEW BERN CROSSING RALEIGH, WAKE COUNTY, NC MCADAMS 0 660 1,320 Feet 1 inch = 1,320 feet VERSION: 1 DATE: 4/28/2021 JOB NO: 2020110075 DRAWN BY: pierzga M:\Projects\Greystone\2020110075\04-Production\Natural Resources\GIS\2020110075_NewBernXing_Fig 2B Buffer Subj SS.mxd, 4/28/2021 11:24:27 AM, pierzga iJ MCADAMS FIGURE 3. AERIAL MAP NEW BERN CROSSING RALEIGH, WAKE COUNTY, NC M:\Projects\Greystone\2020110075\04-Production\Natural Resources\GIS\Figure 3. Aerial Map 11x17_portrait.mxd, 4/28/2021 1:39:53 PM, pierzga 0 75 150 Feet 1 inch = 150 feet VERSION: 1 DATE: 4/28/2021 JOB NO: 2020110075 DRAWN BY: pierzga 'Zs EXISTING MAITLAND DRIVE RONG HUA LL 4453033 B. 1221 , PG 1204 3 0 MAI LAND DR. AC ( EXISTI NG NEW BERN AVENUE V -NEW BERN / //DEVELOPMENT LLC\ PIN: 1724455199 DB. 1908, PG 1497 36131 NEW BERN AVE .27 AC. / / REA (SE EET2OF2) . . • • . . . . . EXISTING 440 INTERSTATE LEGEND: L.--J ZONE 2 BUFFER IMPACT (ROAD) ZONE 1 BUFFER IMPACT (ROAD) . . as . . . . . . . . . . . . . . . . . • . • RCIZARTMENTS LLC .eII N: 1724431441 DB. 14728, PG 310 110 K Y AUSTIN DR. 112. AC. / PERMANENT - NO LOSS STREAM IMPACT PERMANENT -STREAM IMPACT STREAM • • • • M:\Projects\GSA\2020110075\04-Production\Engineering\Exhibits\NEW Buffer Impact Map\2020110075-ASR-EX1.dwg, 11/29/202210:40:26 AM, Stephan Edmonds EXISTING HILLCREST DRIVE 1 � :0 EY, RIC EY I : 1724 4 B. 6:c4, 73 HI S DR. 0.43 AC. LEBI, ZOHR: H ARZADEH T USA \ LI N TRUST IPIN: 17245467 17113, PG 17C1� �04 HILLCREST DR. 0.89 AC. . t HOPCO CONSTRUC ON I CO INC PIN: 1724542 48 DB,. 7387, PG 26 31701 ESSIE T. 0 94 AC MLY, VERLI G JR IPIN: 172454227 PB. 2926, PG 1 3704 ESSIE ST. 0.93 AC. EXISTING ESSIE STREET I 3701 POLLY, LLC I PIN: 1724543052 I DB. 19098, PG 1957 I 3701 POLLY ST. 1.60 AC. \ HILLCREST BAPTIST CHURCH PIN: 1724535801 DB. 0000, PG 000 3800 HILLCREST DR. 3.20 AC. - 1 1 1 1 1 GU, MAY X WU, HONGSHENG PIN: 1724634609 DB. 14680, PG 235 900 PLAINVIEW D 21 BUFFER IMPACTS BUFFER IMPACT ID TOTAL B1 4,179 SF 0 GRAPHIC SCALE 100 200 i 400 1 inch = 200 ft. 1 MCADAMS The John R. McAdams Company, Inc. 621 Hillsborough Street Suite 500 Raleigh, NC 27603 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com NEW BERN CROSSINGS OVERALL IMPACT MAP 3312 NEW BERN AVENUE RALEIGH, NC 27610 PLAN INFORMATION PROJECT NO. 2020110075 FILENAME 2020110075-ASR-EX1 CHECKED BY ACP DRAWN BY SME SCALE 1"=200' DATE 11.30.2022 1 OF 2 (S2) TEMPORARY INTERMITTENT STREAM IMPACT 0.001 AC (27 SF) 3 LF EXTEND EXISTING 30" RCP'S (2) EXISTING 36" RCP ZONE 1 EX. 30' STREAM BUFFER ZONE 2 EX. 20' STREAM BUFFER I LEGEND: ZONE 2 BUFFER IMPACT (ROAD) ZONE 1 BUFFER IMPACT (ROAD) PERMANENT - NO LOSS STREAM IMPACT PERMANENT -STREAM IMPACT STREAM M:\Projects\GSA\2020110075\04-Production\Engineering\Exhibits\NEW Buffer Impact Map\2020110075-ASR-EX1.dwg, 11/29/2022 10,40:29 AM, Stephan Edmonds 2 (S1) PERMANENT INTERMITTENT STREAM IMPACT / 0.003 AC (138 SF) 22 LF ZONE 1 30' STREAM �FFER (B1) ZONE 1 ROAD IMPACT 2,552 SF (B1) ZONE 2 ROAD IMPACT 1,627 SF i i G / PROPOSED PRIVATE ACCESS DRIVE BUFFER IMPACTS BUFFER IMPACT ID TOTAL B1 4,179 SF 0 GRAPHIC SCALE 10 20 40 1 inch = 20 ft. MCADAMS The John R. McAdams Company, Inc. 621 Hillsborough Street Suite 500 Raleigh, NC 27603 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com NEW BERN CROSSINGS IMPACT AREA ENLARGED VIEW 3312 NEW BERN AVENUE RALEIGH, NC 27610 PLAN INFORMATION PROJECT NO. 2020110075 FILENAME 2020110075-ASR-EX1 CHECKED BY ACP DRAWN BY SME SCALE 1"=20' DATE 11.30.2022 2 OF 2 CROSS SECTION - ENTRANCE CULVERT EXTENSION 240 240 230 STORM EXTEND STORM STRUCTURES REALIGN PIPE UPSTREAM FINISHED CL GRADE 230 TO 220 EXIST CL 1 GRADE/ / NG / / / -- 0 — /.',' �-�s — �� O — -,- , '/ ��- ''' 1 1 I 1--/ p\ROPOSED D RGp— CULVERTS - - AL 36/ - if — \ RETAINING EXISTING GRADE WA 220 210 J / I i I I� I I I I I �� '� - ,>/ �G ��E� G �� jam/ j �'/ UPSTREAM CULVERT SUBMERGED 210 TO BE 1' 200 200 HORIZONTAL SCALE 0 20 40 80 1 inch = 40 ft. M:\Projects\GSA\2020110075\04-Production\Engineering\Exhibits\NEW Buffer Impact Map\2020110075-Xsectioadwg, 12/21/202211:23:07 AM, Matt Stark L 0 VERTICAL SCALE 2 4 8 1 inch = 4 ft. MCADAMS The John R. McAdams Company, Inc. 621 Hillsborough Street Suite 500 Raleigh, NC 27603 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com NEW BERN CROSSINGS IMPACT AREA CROSS SECTION 3312 NEW BERN AVENUE RALEIGH, NC 27610 PLAN INFORMATION PROJECT NO. 2020110075 FILENAME 2020110075-XSECTION CHECKED BY ACP DRAWN BY SME SCALE 1"=40'H/1"=4'V DATE 11.30.2022 Preliminary Jurisdictional Determination Request Jurisdictional Determination Request US Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www. saw.usace. army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator. aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Depaitiuent of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 3312 & 3600 New Bern Avenue City, State: Raleigh, North Carolina County: Wake Parcel Index Number(s) (PIN): See attached parcel information B. REQUESTOR INFORMATION Name: Jennifer Burdette Mailing Address: 308 W. Millbrook Rd., Ste. D #200 Telephone Number: Electronic Mail Address: Select one: o ❑ EI o Raleigh, NC 27609 919-422-3605 burdette@nrconsultnc.com I am the current property owner. I am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION2 Name: See attached parcel information Mailing Address: Telephone Number: Electronic Mail Address: 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Jennifer Burdette Print Name Capacity: ❑ Owner fl Authorized Agent' 12/19/2022 Date ture E. REASON FOR JD REQUEST: (Check as many as applicable) nI intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. n I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. n I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. nI intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. nI intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. n A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. nI believe that the site may be comprised entirely of dry land. n Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS n Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area 20 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS z Project Coordinates (Decimal Degrees): Latitude: 35.794853 Longitude: -78.579367 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 • North Arrow • Graphical Scale • Boundary of Review Area • Date • Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: • Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. • Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. • Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: • Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. n Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request 0 Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Forma Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf s Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Pro gram/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 12/19/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jennifer Burdette, NRC, 308 W Millbrook Rd, Ste. D., Raleigh, NC 27609 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Wake City: Raleigh Center coordinates of site (lat/long in degree decimal format): Lat.: 35.794853 Long.: -78.579367 Universal Transverse Mercator: 1 7S Name of nearest waterbody: UT Crabtree Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: 12/19/2022 ■❑ Field Determination. Date(s): 12/16/2022 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) See Attached Aquatic Resource Table Excel file 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: Preliminary Jurisdictional Determination Map (Figure 4) 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: 1:24,000; Raleigh, NC (Figure 1) O Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey (Figure 2A) ■❑ National wetlands inventory map(s). Cite name: NWI Mapper (Figure 7) ❑ State/local wetland inventory map(s): ■❑ FEMA/FIRM maps: 3720172400K, panel 370243,effective 7/19/2022 (Figure 6) ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) • Photographs: • Aerial (Name & Date): Aerial Map (Figure 3) or ❑ 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. Signature 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. U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: New Bern Crossing Applicant/Owner: 520 State Street LLC City/County: Raleigh/Wake Investigator(s): A. Pierzga - NRC Landform (hillside, terrace, etc.): Floodplain Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.792171 Section, Township, Range: N/A Sampling Date: 12/16/22 State: NC Sampling Point: DP1 - wet Local relief (concave, convex, none): concave Slope (%): 6-10 Long: -78.578449 Datum: NAD83 Soil Map Unit Name: WaC - Wake-Rolesville complex, 6 to 10 percent slopes, very rocky NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Yes X No Yes X No Yes X No Is the Sampled Area within a Wetland? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Concave Surface (B8) (C2) Aerial Imagery (C9) Plants (D1) (D2) (D4) _ Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated _ _ _ High Water Table (A2) Hydrogen Sulfide Odor (C1) X Drainage Patterns (B10) _ _ Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) _ _ _ Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table _ _ _ X Sediment Deposits (B2) Iron Reduction in Tilled Soils (C6) Burrows (C8) _Recent _Crayfish Drift Deposits (B3) Muck Surface (C7) Saturation Visible on _ _Thin _ Mat or Crust (B4) (Explain in Remarks) or Stressed _Algal _Other _Stunted Iron Deposits (B5) X Geomorphic Position _ Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) _ _ X Water -Stained Leaves (B9) Microtopographic Relief _ Aquatic Fauna (B13) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes X No Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP1 - wet Absolute Dominant Indicator Tree Stratum (Plot size: 30' ) % Cover Species? Status 1. Platanus occidentalis 35 Yes FACW 2. Liriodendron tulipifera 10 No FACU 3. Liquidambar styraciflua 25 Yes FAC 4. Quercus alba 10 No FACU 5. Quercus nigra 10 No FAC 6. 7. 90 =Total Cover 50% of total cover: 45 20% of total cover: 18 Sapling/Shrub Stratum (Plot size: 15' ) 1. Liquidambar styraciflua 2. Acer rubrum 3. 4. 5. 6. 7. 8. 9. 15 Yes FAC 10 Yes FAC 25 =Total Cover 50% of total cover: 13 20% of total cover: 5 Herb Stratum (Plot size: 5' ) 1. Microstegium vimineum 100 Yes FAC 2. Scirpus sp. 5 No 3. 4. 5. 6. 7. 8. 9. 10. 105 =Total Cover 50% of total cover: 53 20% of total cover: 21 Woody Vine Stratum (Plot size: 15' ) 1. 2. 3. 4. 5. =Total Cover 50% of total cover: 20% of total cover: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 5 (A) Total Number of Dominant Species Across All Strata: 5 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 35 x 2 = 70 FAC species 160 x 3 = 480 FACU species 20 x 4 = 80 UPL species 0 x 5 = 0 Column Totals: 215 (A) 630 (B) Prevalence Index = B/A = 2.93 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% X 3 - Prevalence Index is <_3.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP1 - wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches) Matrix Redox Features Color (moist) % Color (moist) 0-3 7.5YR 3/2 95 3-16 7.5YR 3/1 90 7.5YR 4/4 7.5YR 4/4 Types Loc2 Texture Remarks 5 C M Loamy/Clayey 10 C M Loamy/Clayey Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Distinct redox concentrations Distinct redox concentrations 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) _ Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) Stratified Layers (A5) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (S4) Sandy Redox (S5) _ Stripped Matrix (S6) Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) X Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) X Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _ Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: New Bern Crossing Applicant/Owner: 520 State Street LLC City/County: Raleigh/Wake Investigator(s): A. Pierzga - NRC Landform (hillside, terrace, etc.): Floodplain Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.792240 Section, Township, Range: N/A Sampling Date: 12/16/22 State: NC Sampling Point: DP2 - up Local relief (concave, convex, none): concave Slope (%): 6-10 Long: -78.578373 Datum: NAD83 Soil Map Unit Name: WaC - Wake-Rolesville complex, 6 to 10 percent slopes, very rocky NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No _ Hydric Soil Present? Yes X No _ Wetland Hydrology Present? Yes No X Is the Sampled Area within a Wetland? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Surface (B8) (C2) Imagery (C9) (D1) (D4) _ Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated Concave _ _ _ High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) _ _ _ Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) _ _ _ Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table _ _ _ Sediment Deposits (B2) Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (C8) _ _ _ Drift Deposits (B3) Muck Surface (C7) Saturation Visible on Aerial _ _Thin _ Mat or Crust (B4) (Explain in Remarks) or Stressed Plants _Algal _Other _Stunted Iron Deposits (B5) Geomorphic Position (D2) _ _ Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) _ _ Water -Stained Leaves (B9) Microtopographic Relief _ _ Aquatic Fauna (B13) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP2 - up Absolute Dominant Indicator Tree Stratum (Plot size: 30' ) % Cover Species? Status 1. Platanus occidentalis 25 Yes FACW 2. Liriodendron tulipifera 30 Yes FACU 3. Liquidambar styraciflua 25 Yes FAC 4. Quercus alba 20 Yes FACU 5. 6. 7. 100 =Total Cover 50% of total cover: 50 20% of total cover: 20 Sapling/Shrub Stratum (Plot size: 15' ) 1. Liquidambar styraciflua 10 Yes FAC 2. Acer rubrum 3. Quercus alba 4. 5. 6. 7. 8. 9. 10 Yes FAC 5 Yes FACU 25 =Total Cover 50% of total cover: 13 20% of total cover: 5 Herb Stratum (Plot size: 5' ) 1. Rubus allegheniensis 50 Yes FAC 2. Liquidambar styraciflua 15 No FAC 3. Acerrubrum 10 No FAC 4. Solidago sp. 10 No 5. 6. 7. 8. 9. 10. 85 =Total Cover 50% of total cover: 43 20% of total cover: 17 Woody Vine Stratum (Plot size: 15' ) 1. 2. 3. 4. 5. =Total Cover 50% of total cover: 20% of total cover: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 5 (A) Total Number of Dominant Species Across All Strata: 8 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 62.5% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 25 x 2 = 50 FAC species 120 x 3 = 360 FACU species 55 x 4 = 220 UPL species 0 x 5 = 0 Column Totals: 200 (A) 630 (B) Prevalence Index = B/A = 3.15 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 3 - Prevalence Index is <_3.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point: DP2 - up Tree Stratum (Plot size: 1. 2. 3. 4. 5. 6. Absolute Dominant Indicator % Cover Species? Status =Total Cover 50% of total cover: 20% of total cover: Sapling Stratum (Plot size: 1. 2. 3. 4. 5. 6. Shrub Stratum (Plot size: 1. 2. 3. 4. 5. 6. =Total Cover 50% of total cover: 20% of total cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. (Plot size: 50% of total cover: =Total Cover 20% of total cover: =Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. =Total Cover 50% of total cover: 20% of total cover: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: Total Number of Dominant Species Across All Strata: Percent of Dominant Species That Are OBL, FACW, or FAC: Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) Prevalence Index = B/A = (B) Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is <_3.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Five Vegetation Strata: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub - Woody Plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb - All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody Vine - All woody vines, regardless of height. Hydrophytic Vegetation Present? Yes No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP2 - up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches) Matrix Redox Features Color (moist) % Color (moist) 0-16 7.5YR 4/6 100 Types Loc2 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Texture Remarks Loamy/Clayey Clay loam 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) _ Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) Stratified Layers (A5) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (S4) Sandy Redox (S5) _ Stripped Matrix (S6) Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _ Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 a ers_ ame S1 (SA) S2 (SB) W1 W2 State _ I Cowardin_Code NORTH CAROLINA R4 NORTH CAROLINA R4 NORTH CAROLINA PEM NORTH CAROLINA PFO HGM_Code RIVERINE RIVERINE I Meas_Type Linear Linear Area Area I Amount I Units 1947 FOOT 135 FOOT 0.002 ACRE 0.0501 ACRE I Waters_Type I DELINEATE DELINEATE DELINEATE DELINEATE Latitude Longitude Local_Waterway 35.79410000 -78.57990000 UT Crabtree Creek 35.79530000 -78.58020000 UT Crabtree Creek 35.79280000 -78.57940000 UT Crabtree Creek 35.79220000 -78.57860000 UT Crabtree Creek Map Unit Name Urban land Wake-Rolesvil le complex, 6 to 10 percent slopes, very rocky Wake-Rolesville complex, 10to 15 percent slopes, very rocky Map Unit Symbol Ur WaC WaD Legend Project Area Soil Map Unit Hydric Soil Rating 1.1 NOTES: Web Soil Survey SSURGO Spatial Data: Wake County (Version 13, May 31, 2020) MCADAMS FIGURE 2A. NRCS WEB SOIL SURVEY NEW BERN CROSSING RALEIGH, WAKE COUNTY, NC 0 100 200 Feet 1 inch = 200 feet VERSION: 1 DATE: 4/28/2021 JOB NO: 2020110075 DRAWN BY: pierzga M:\Projects\Greystone\2020110075\04-Production\Natural Resources\GIS\2020110075_NewBernXing_Fig 2A Web SS.mxd, 4/28/2021 11:41:12 AM, pierzga M It naafiM naafi d`Dr START STREAM FEATURE,B— @ PROPERTY BOUNDARY LF LEGEND Project Area 1 Wetlands Neuse Riparian Buffers Streams — Roads 2-ft Contours Culverts MCADAMS END STREAM FEATURE A @ CULVERT 4fr' START STREAM FEATURE A @PROPERTY BOUNDARY +/-57L•F END STREAM FEATUREA FIGURE 4. JURISDICTIONAL AND EXCLUDED WATERS DELINEATION MAP NEW BERN CROSSING RALEIGH, WAKE COUNTY, NC M:\Projects\Greystone\2020110075\04-Production\Natural Resources\GIS\2020110075_NBXing_Fig 4 Delineation Map.mxd, 5/13/2021 3:32:53 PM, pierzga VV2 +/!,0.501 ac• 0 75 150 Feet 1 inch = 150 feet VERSION: 1 DATE: 5/13/2021 JOB NO: 2020110075 DRAWN BY: pierzga N Legend I I New Bern Crossing Panels Flood Hazard Areas Political Areas AE Stream Centerline Floodway(AE) Cross Sections 0.2 % Chance Annual Flood Hazard Levee Future Conditions 1% Annual Chance Flood Hazard • kx .1 ar. Earthstar 6eogria `lyiee Dec 18, 2022 North Carolina Floodplain Mapping Program Figure 6 U.S. Fish and Wildlife Service National Wetlands inventor December 18, 2022 Wetlands ❑ Estuarine and Marine Deepwater ▪ Estuarine and Marine Wetland New Bern Crossing ❑ Freshwater Emergent Wetland ❑ Lake ❑ Freshwater Forested/Shrub Wetland ❑ Other ❑ Freshwater Pond ❑ Riverine This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. Figure 7 National Wetlands Inventory (NW) This page was produced by the NW mapper Protected Species Alec Pierzga From: Alec Pierzga Sent: Thursday, November 4, 2021 3:35 PM To: Raleigh@fws.gov Cc: Jennifer Burdette Subject: New Bern Crossings T&E Assessment Attachments: 21063-NewBern-T&E Request Pkg.pdf Good afternoon, Attached is a protected species package for the proposed New Bern Apartments project. Please contact me if you should have any questions. Thanks! Alec Pierzga Natural Resource Consultants 10212 Creedmoor Road, Raleigh, NC 27615 pierzga@nrconsultnc.com — 919.906.8524 Natural Resource Consultants 1 L7.li FE LI Y W ILD JFE SLiNV Lct United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 1 1/4/21 Self -Certification Letter Project Name New Bern Crossings 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 Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package Species Conclusions Table Project Name: New Bern Crosings Date: 11/1/2021 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Red -cockaded woodpecker (Picoides borealis) No suitable habitat present No effect Habitat assessment indicates no potential habitat present (mature pine stands are absent within the project area) Neuse River Waterdog (Necturus lewisi) Suitable habitat present May affect, not likely to adversely affect Suitable habitat present, but aquatic life passage is severed from known occurrences Carolina Madtom (Noturus furiosus) Suitable habitat present May affect, not likely to adversely affect Suitable habitat present, but aquatic life passage is severed from known occurrences Atlantic Pigtoe (Fusconaia masons) Suitable habitat present May affect, not likely to adversely affect Suitable habitat present, but aquatic life passage is severed from known occurrences Dwarf Wedgemussel (Alasmidonta heterodon) Suitable habitat present May affect, not likely to adversely affect Suitable habitat present, but aquatic life passage is severed from known occurrences Michaux's sumac (Rhus michauxii) Suitable habitat present, species not present May affect, not likely to adversely affect October 12, 2021 survey by NRC consultants indicates absence Critical habitat No critical habitat present No effect Bald Eagle Unlikely to disturb nesting bald eagles No Eagle Act permit required No known nest or suitable habitat with 660' of project area Northern Long-eared Bat Suitable habitat present May affect, not likely to adversely affect NRC is 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. 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. Signature /Title 11/1/2021 Date Draft USACE Email for USFWS Consultation This email serves as the USACE (1) notification for the NLEB, and (2) consultation request for other species (Situation 2). 1) Detailed project description: This verification authorizes the use of Nationwide Permit 29 to impact 25 linear feet of intermittent stream for the purpose of constructing secondary, emergency access for the New Bern Crossings residential development. Specifically, this verification authorizes the permanent loss of 22 linear feet of stream (0.003 acre) for culvert installation (Impact S1) and the temporary loss of 3 linear feet of stream (Impact S2) for construction access. If work cannot be completed in the dry, a stream pump -around or diversion measure shall be employed to protect downstream resources. Percussive activities and blasting may be required during project construction. 2) Project latitude and longitude (center of site) in decimal degrees: 35.794853, -78.579367 3) Estimate of tree clearing in the USACE action area in either acreage or number of trees cleared: Greater than 1 AC. Coordination and consultation concerning: Northern long-eared bat (NLEB) (Myotisseptentrionalis), Red -cockaded woodpecker (Picoides borealis), Neuse River waterdog (Necturus lewisi), Carolina madtom (Noturus furiosus), Atlantic pigtoe (Fusconaia masoni), Dwarf wedgemussel (Alasmidonta heterodon), Michaux's sumac (Rhus michauxii), and the Bald Eagle (Haliaeetus leucocephalus). There are no critical habitats in this location. The applicant provided the following text: On November 4, 2022, a protected species assessment was submitted to the Raleigh Office of the USFWS including an official species list generated by the USFWS IPaC website and a NCNHP report for the project area. A self -certification letter, species conclusion table, and email submittal are attached. No response to the assessment has been received. For the NLEB - this project qualifies for Situation 2 — - the action area is located outside of a red HUC and there will be pile driving or other percussive activities (not including blasting), and the USACE has determined that pile driving, and other percussive activities will not affect NLEB resources in a red HUC; and - the action area is located outside of a red HUC and there will be blasting, but the blasting will not occur within 0.25 mile of a red HUC boundary. USACE Rationale and Determination: The USACE conducted a GIS review of the project and surrounding areas and also reviewed the most current maps of confirmed/known hibernation and maternity (tree) sites for the NLEB at http://www.fws.gov/raleigh/NLEB_RFO.html and via ArcView GIS and has determined that the action area for this project is located outside of the highlighted areas/red 12-digit HUCs and activities in the action area do not require prohibited incidental take; as such, this project meets the criteria for the 4(d) rule and any associated take is exempted/excepted. U.S. Fish and Wildlife Service (Service) Concurrence for the NLEB: This notice is being sent to the Service in accordance with the surrogate consultation procedure/SLOPES that was established between the Service's Asheville and Raleigh Ecological Offices and the USACE, Wilmington District, for the NLEB. This project does not require prohibited intentional take of the NLEB and meets the criteria for the 4(d) rule; therefore, any associated take is exempt, and it is not necessary for the USACE to wait 30 days for the Service to object or concur. USACE determination for other species and/or critical habitat under consultation, informed by consultant reporting -- OTHER SPECIES. AFFECT DETERMINATION for the following reasons: Red -cockaded woodpecker — No Effect — According to Appendix A of the RCW SLOPES Manual — North Carolina, the project area is not within the RCW Section 7 consultation area. Neuse River waterdog — May Affect, Not Likely to Adversely Affect — The applicant submitted a habitat assessment to USFWS on November 4, 2021, documenting suitable habitat, but altered downstream connectivity due to a perched culvert located under Interstate 440 that connects an unnamed tributary onsite to Crabtree Creek. Carolina madtom — May Affect, Not Likely to Adversely Affect - The applicant submitted a habitat assessment to USFWS on November 4, 2021, documenting suitable habitat, but altered downstream connectivity due to a perched culvert located under Interstate 440 that connects an unnamed tributary onsite to Crabtree Creek. Atlantic pigtoe — May Affect, Not Likely to Adversely Affect — The applicant submitted a habitat assessment to USFWS on November 4, 2021, documenting suitable habitat, but altered downstream connectivity due to a perched culvert located under Interstate 440 that connects an unnamed tributary onsite to Crabtree Creek. Dwarf wedgemussel — May Affect, Not Likely to Adversely Affect - The applicant submitted a habitat assessment to USFWS on November 4, 2021, documenting suitable habitat, but altered downstream connectivity due to a perched culvert located under Interstate 440 that connects an unnamed tributary onsite to Crabtree Creek. Michaux's sumac — May Affect, Not Likely to Adversely Affect — The applicant completed a field survey on October 13, 2021, during the optimal survey window and did not observe Michaux's sumac. Bald eagle — No Eagle Act Permit Required — There are no known nests or suitable habitat within 660 feet of the project area. NCNHP data indicates that the nearest documented occurrence of bald eagle is located approximately 1.3 miles northwest of the project area. Also, USACE is not aware of any other issues concerning listed species and/or critical habitat and has determined that the project would have no effect on any other species and/or critical habitat. Please let us know if you have information to the contrary and/or if you need additional information. Cultural Resources North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D. January 26, 2023 Alec Pierzga Natural Resource Consultants 308 West Millbrook Road, Suite D #200 Raleigh, NC 27609 pierzga@nrconsultnc.com Re: Construct New Bern Crossings Multi -family apartments, 3312 & 3600 New Bern Avenue, Raleigh, Wake County, ER 22-1961 Dear Mr. Pierzga: Thank you for your letter of December 19, 2022, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 1„r Ramona Bartos, Deputy U State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898