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HomeMy WebLinkAbout20200981 Ver 2_Reserve at Dunn Creek_PCN Attachments (combined)_20230420Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 sandec.com APPLICANT CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: FRIENDSHIP CHAPEL ROAD EXTENSION S&EC Project 412830 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: April Norton (or assigned) USACE Regulatory Field Office: Raleigh I, the undersigned, a duly authorized applicant for the project located on the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: PIN(s): 1840657710 (31.39 ac); 1840761824 (20.85 ac); 1840660542 (15.97 ac) Site Address: 0 Friendship Chapel Road, Wake Forest, Wake Co., NC Watershed: Hatters Branch (aka Dunn Creek), 27-23-4 , C;NSW, Neuse 03020201-0702 Spring Branch (aka College Branch) 27-23-4-1, QNSW, Neuse 03020201-0702 APPLICANT INFORMATION: Name: Abode Communities, LLC Mailing Address: 3105 Glenwood Ave.., Suite 105, Raleigh, NC 27612 Email: epandullo@edgewater-ventures.com Phone:609-577-6930 _Christopher L Woody II Deco N2QZ22 Applicant Name (please print) Date C�L�/ItOd�LG� L Christopher L floody II (Dec 20, 202213: EST) Applicant Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Environmental Consultants, 8412 Falls of Neuse Road, Sui e 104, Raleitgjil NC: 276:15 • Phone: �)19) 846-5900 sandec.com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: _Dameron Tracts Wake Forest S&EC Project # 12830 Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: James Lastinger Field Office: _Raleigh I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s) (PIN): _I840660542, 1840761824 & 1840657710 _ Site Address: City, County, State: Wake Forest, Wake County, NC PROPERTY OWNER INFORMATION: (address, Phone # and email) Property Owner Name (plre print) R (� C_TM-n LtC Date �I�JL II A 4 J36%*L L Le Property We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandec.com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: _Friendshi) Chapel Road Extension S&EC Project # 12830 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: James Lastinger Field Office: Raleigh_ I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 1840763154 Site Address: 0 Wilts Da' Pt. City, County, State: Wake Forest Wake County NC PROPERTY OWNER INFORMATION (mailing address, email and phone) Mailing Address: Town of Wake Forest 301 South Brooks Street, Wake Forest, NC 27587 Email: cmitchell@wakeforestnc.gov Phone:919-435-9443 Carrie Mitchell on behalf of the Town of Wake Forest, NC _July 9, 2019 Property Owner Name (please print) Date Property Owner Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Bob Zarzecki From: 401 Pre File <401 Pre File@ncdenr.gov> Sent: Monday, December 19, 2022 8:51 PM To: Bob Zarzecki Subject: Automatic reply: [External] RDWR Pre -Filing Meeting Request -Friendship Chapel Road Extension (DWR2020-0981 & SAW-2016-00650) This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact Iist(s). For Non -Transportation Central Staff: https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting/401- buffer-permitting-contacts For Non -Transportation Regional Staff: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1 For all Transportation Projects Including NCDOT Projects: https://deg.nc.gov/a bout/divisions/water-resources/water-resources-permits/transportation- pe rm itt i ng/staff-contacts Bob Zarzecki From: Bob Zarzecki Sent: Monday, December 19, 2022 8:49 PM To: 401 PreFile@ncdenr.gov Cc: Thomas, Zachary T; Norton, April R CIV USARMY CESAW (USA) Subject: RDWR Pre -Filing Meeting Request -Friendship Chapel Road Extension (DWR2020-0981 & SAW-2016-00650) Attachments: DWR 401 - 20-0981 Dameron-Friendship Chapel Road Extension_401 _NBR_Wake_WiIdland s..._.pdf; Corps permit SAW-2016-00650-permitverification1.pdf Importance: High Zach Please see the project details below and let me know if a DWR Pre -Filing Meeting is needed. Contact: Bob Zarzecki Contact Email address: bzarzecki@sandec.com Project Applicant: Adobe Communities, LLC Attn: Christopher L. Woody, II Project Name: FRIENDSHIP CHAPEL ROAD EXTENSION Project County: Wake Is this a Transportation Project: Yes. NWP14, but privately permitted and built Town street & bridge (not NCDOT); Types of Approvals Sought from DWR: 401 WQC Types of Approvals Sought from USACE: NWP14 Does this project have an existing project ID#? Yes. See attached DWR#2020-0981 & SAW-2016-00650. Name of staff member you would like to request a meeting with? Zach Thomas or assigned Brief Description of the proposed project: The proposed project is an extension of the existing Friendship Chapel Road westward across Hatters Branch (aka Dunn Creek) to properties landlocked between two creeks and the restricted access Hwy 98 Bypass. The project was permitted, but was unable to complete construction of the permitted impacts prior to the end of the 12 month extension being February 24, 2023. The project is currently being redesigned in an attempt to minimize stream impacts below the new NWP14 threshold of 0.05 acres of stream loss. Buffer mitigation required under the original DWR buffer authorization has already been paid. The new design will be more environmentally appropriate and result in less adverse effects by minimizing stream loss, as well as purchasing stream buffer credits well in advance of the anticipated impacts. Additionally information demonstrating this mitigation plan will be provided along with the new application. Please don't hesitate to contact me if you would like to hold the pre -application meeting or discuss the project further. Initial discussions have already occurred with the USACE. We anticipate to submit the new application by February 1, 2023. Kind regards, BOB ZARZECKI Wetlands Department Manager/Vice-President/Principal Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office (919) 846-5900 Direct (919) 256-4517 Mobile (919) 270-2068 bzarzeckiL@sandec.com Visit us at sandec.com This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. Ifyou are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. I VA Please consider the environment before printing this email. fires EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability April 13, 2023 U.S. Army Corps of Engineers Jean Gibby (or assigned) Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Reserve at Dunn Creek & Friendship Chapel Road Extension This document confirms that Adobe Communities, LLC (Atth: Christopher L. Woody II) (Applicant) for the Reserve at Dunn Creek & Friendship Chapel Road Extension (Project) has expressed an interest to utilize 232.00 Stream Mitigation Credits from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically 232.00 stream credits from the Stone Creek site in the Neuse IIUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919-209-1055 or astaley@res.us. Best Regards, Amy Staley Resource Environmental Solutions, LLC 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 VL- �1 I F: Subject to Buffers r lP4. VE C) r J 501 B: Subject to Buffers { v Q C ngs Pond z M rn -17D Project Number: 12830.W8 Project Manager: BZ Scale: 1 if = 1000' Date: 01 /11 /2023 Map Title: Figure 1 - USGS Map Friendship Chapel Rd Extension Wake County, NC Source: 2019 Wake Forest & Rolesville Quadrangles D, 0 >C. "�j' A: Subject to Buffers iWi 14 ,H1DDEAI J m N 0 1,000 2,000 Feet ' Soil & Environmental Consultants, PA 8412 Falls of N— Road, Suite 104, Raleigh, NC 27615 • Phone: (919) W-5900 • Fax: (919) W-9467 smdee.com Ld62 CeC2 +' C CIC3 CeB 2 r' IC3G 2f s1r E: Not Subject to Buffers } C: Not Subject to Buffers CIB3 +r ' CiC3 ApC2 F: Subject to Buffers - � H: Subject to Buffers e r CIO CeC2 v t��f # J: Not Subject to Buffers YY X � , f+ I: Not Subject to Buffers, x � A: Subject to Buffers r ►rye �, LoC B: Subject to Buffers D: Not Subject to Buffers e B eC2 Loi] r � Cm LoD r ti) wwc G: Not Subject to Buffers + WwF O :.. E y i P Project Number: Map Title: N 12830.W8 Figure 2 - Soil Survey Map 0 600 1,200 Project Manager: I i i i I i i i I BZ Friendship Chapel Rd Extension Feet Scale: Wake County, NC 1 if = 6009 M Soil & Environmental Consultants, PA Date: sourS@iil Survey Sheet No. 15 01 / 12 /2 0 2 3 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 •Phone: (919) 846-5900 •Fax: (9l9) 846 9467 sandeecom 0 � O g og 0 0 0 �0 °o 00 0 Spring Brancho 0 °O 1 � "r L DGEFtOCKRD 4 � 00 D o "FRIENDSHIP CHAPEL RD WILTS DAIRY PT J w aF 0� Iw a �± OTWAY RD A: Hatters Branch (A.k.a. Dunn Creek) o ��O Q D: Tributary to Spring Branch ° ., G �A * ...� o \P 0 � 0 � o `O Legend a � a �•�^• Potentially Jurisdictional Perennial Stream �•.-- Potentially Jurisdictional Intermittent Stream (Not Buffered) Potentially Jurisdictional Intermittent Stream FRONT G4TELN Potential 50' Neuse River Riparian Buffer DENBY PT Evaluation Area -� "`� Friendship Chapel Rd Fttenaion Figure 3-Aerial Map Pr0 150 300 600 .j. No. scaleWake Conn[y, NC : 18830.W8 1=_- A.ria--NCOr—p I I I I I Projx[Mgr.: 0111212023 Prep—d!by: Feet BZ CCL PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): July 22, 2016 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Soil and Environmental Consultants Attn: Kevin Martin 8412 Falls of Neuse Rd., suite 104 Raleigh, NC 27615 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Dameron site/High Bar Creek, LLC/Friendship Rd./Wake Forest/Wake Countv, , SAW-2016-00650 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 66 acres bounded to the north by NC Hwv 98 bypass, and to the west and east by tributaries to Smith Creek. Please see the attached aquatic resources inventory table and map for size and locations of iurisdictional features on site. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Wake City: Wake Forest Center coordinates of site (lat/long in degree decimal format): Lat. 35.964260777016' N, Long.-78.5042731381472' W Universal Transverse Mercator: Name of nearest water body: Smith Creek Identify (estimate) amount of waters in the review area: Non -wetland waters: —4,000 linear feet: varies width (ft) and/or acres. Cowardin Class: Riverine Stream Flow: Perennial Wetlands: acres. Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): May 17, 2016 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 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 approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that 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) that 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) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable, (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 preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, 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, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "inay be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Soil and Environmental Consultants. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ 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: Rolesville/Wake Forest. ® USDA Natural Resources Conservation Service Soil Survey. Citation: Wake County (1970). ❑ 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: ® Aerial (Name & Date): 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 necessarilv been verified by the Corns and should not be relied upon for later iurisdictional determinations. Digitally signed by cIUE 00LASTINGERJAME DN =S ofSGovernment S.C.1363642400 on-LDASDTINGERJAME5.C.363642400 Date: 2016.07.22 16:34:22-04'00' Signature and date of Regulatory Project Manager (REQUIRED) Aquatic Resources Inventory Table Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is Impracticable) Estimated amount of Site Cowardin Class of aquatic Latitude Longitude aquatic resource in number Class resource review area Stream A 35.9629 -78.5065 Riverine —3,000 linear feet non -section 10 — non - (Dunn wetland Creek Stream B 35.9633 -78.5027 Riverine 1,900 linear feet non -section 10 — non - wetland 2 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Soil and Environmental Consultants Attn: Kevin Martin File Number: SAW-2016-00650 Date: Julv 22, 2016 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ZI PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The 7ollowing identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.g.M.mil/inct/f`unctions/cw/cecwo/res4 or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQOST FOR APP L or OBJECTIONS TO AN INITIAL PROFFERED P 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 F CONTACT FOR QUEST101t OR INFORMATI If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-PDO Attn: James Lastinger, Regulatory Specialist U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Dr., suite 105 60 Forsyth Street, Room 1OM15 Wake Forest, NC 27587 Atlanta, Georgia 30303-8801 919-554-4884 ext 32 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: , 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 MAP TITLE � �`_' in �r►• 1 a-� �"� i � c7.- Ins 0 205 410 820 Feet ti I 3 i i I i _i i f � 1 inch = 400 feet V1, Disclaimer iMaps makes every effort to produce and publish the most current and accurate information possible. However, the maps are produced for information purposes, and are NOT surveys. No warranties, expressed or implied ,are provided for the data therein, its use,or its interpretation. DocuSign Envelope ID: 7C2BC56D-6451-4721-A89MO9496AF1330 ROY COOPER Governor JOHN NICHOLSON Interim Sec rerurl S. DANIEL SMITH ❑irezlar High Bar Creek, LLC T. Barker Dameorn 3336 White Oak Road Raleigh, NC 27609 NORTH CAROLINA Environmental Quality March 1, 2023 Subject: Buffer Determination Letter NBRRO #23-01 S Wake C ountv Determination Type: Buffer Intermittent/Perennial ® Neuse (15A NCAC 2B .0714) ❑ Tar -Pamlico (15A NCAC 28.0734) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .4267) (governmental and/or inteourisdictional projects) Project Name Reserve at Dunn Creek (off Friendship Chapel Road, Wake Forest) Address[Location , 0 Friendship Chapel Road, Wake County Stream(s): LIT to Hatters Branch & Spring Branch Determination Date: February 8, 2023 Staff: dim Westeott Feature EII/P{'} Not Subject (2) Subject Start Stop Soil Survey USGS Topo Stream A P X Throughout Throughout X X Stream B P X Throughout Throughout X X Stream C E X X Stream D E X X Stream E** E x Stream F P X Throughout Throughout X X Stream G I X X Stream H** I X x Stream I E X X Stream J** E X ' reature h is not depicted on Wake County soil survey and/or USUS maps and not subject to Neuse Riparian Buffers. Feature H is an intermittent stream. Feature(s) J &E are not depicted on Wake County North Carolina Department of Environmental Quality i Division of Water Resources D E Raleigh Rrgional Offke - 3800 Barret Drive . Rairlgh. North Caro ina 27609 419,741.4200 Docu&gn Envelope ID. 7C2BC560.B451-4721-A89B-609496AF1330 Resen c at Dunn Creek 0 Friendship Chapel Road Wake County February 8, 2023 Page 2 or 3 soil survey and/or USGS maps and not subject to Neuse Ri parian Buffers Features) J & E are not streams. (1) E - Ephemeral, I -I nterrnittent, P - Perennial, N P - Not Present, N/A=Not A ppl i cabl e (2) Refers to State ri pari an buffer rules only. Stream, wetl and, or pond impacts are sti I I subject to appi i cabl a water qual i ty standards and permi tti ng requi rernents Explanati on: T he stream sj l i sted above been I m9ed on the most recent publ i shed N RCS Soi l Survey of Wake County, North Carolina andlor the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or is not present. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify it to beat lead an intermittent stream. There may be other streams located on the property that do not show upon the maps referenced above but may be considered j urisdidional aocordi ng to the US Army Corps of Engi nears -f hison-site determination shall expirefive(5) yearsfromthe date of this letter. Landownersor attWed parties that dispute a deter minatiori made by the DWR may request a de t5-rrii nation by the Direct or. 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 vra US Postal Service: do Paul Wojoski; DWR-401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. if sending via delivery sermoe(UPS, FedEx, etc.): Paul Wojcski; DWR-401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27504. Th i s deter m i nat i on isfinal and binding unless. asdetailed above, unless an appeal is requested within sixty (60) days. Thisproject may requirea Section 4D41401 Permit for theproposed activity. Any inquiriesshould bedirected tothe USArmy Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regardi ng this deterrni nation, please feel free to ccxttact Ji rn W[:!6trvtt at james.westuottsa��1r. , y or (919) 791-4247. Si ncereiy, vS-pned ay! s� f. Ata� E�2144F„ Va essaE. Manuel, Ass scant Regional Supervisor Water ❑uai i ty Regi onal Operations Secti on Raleigh Regional Office Division of Water Resvurrxz!s, NCDED cc: Laserfiche Reserve at Dunn Creek Wake Forest, NC-DWR Project # 23-018 9 Stream C : Not Subject Stream F : Subject M Stream J : Not subject Stream I : Not subject L7r a Stream B : Subject �, i-I" H � L USGS Topographical Map Cary Quadrangle 2019 Legend: -Proposed Project Boundary Z� Stream E : Not Subject 0 Stream H : Not Subject Stream A : Subject Stream D : Not subject Stream G : Subject Locations are approximate and are provided for refer- / ence only Reserve at Dunn Creek Wake Forest, NC-DWR Project # 23-018 .elcl ;wVV X F r Stream J : Not Subject 6 Stream I : Not Subject r CIE3 Stream B : SubjectIK ; 1 Ja t Subject A ,ct Stream A : Subject L Stream D : Not Subject Lo U 44 ACC ��� Stream G : Subject 'N ■ v NRCS Soil Survey Sheet Wake Co., NC 1970 � � � :: Locations are approximate - o and are provided for refer - Legend: �r enceonly:: Proposed project boundary: a�v` U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-00650 County: Wake County U.S.G.S. Quad: Rolesville GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: T. Barker Dameron High Barr Creek, LLC Address: 3336 White Oak Road Raleigh, North Carolina 27609 Telephone Number: (919)612-7518 Size (acres) 68 (approximately) Nearest Waterway Smith Creek USGS HUC 03020201 Nearest Town Wake Forest River Basin Neuse Coordinates Latitude:35.964260 Longitude:-78.504273 Location description: The 68-acre (approximate) site is located at the terminus of Friendship Chapel Road and south of NC 98 (Dr. Calvin Jones Highway) in Wake Forest, Wake County North Carolina and is identified as the Dameron/Friendship Chapel Road Extension proiect. Description of projects area and activity: This authorization is for temporary and permanent impacts to a tributary and wetland associated with the construction of a residential subdivision/roadwav extension as follows: Crossing #1: Stream A (Impact #Sl)147-linear feet of impact for the installation of two (2),123 foot, 9' x 8' concrete box culverts. (Impact #S2) 89 linear feet of impact for the installation of 75 feet (25 inlet end and 50 outlet end) for a velocity dissipation pad and 20 linear feet of temporary imnacts for construction access/dewatering. (Imnact #1) 0.088 acre of nermanent wetland fill associated with the roadway fill slope (see attached plans). Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 14 Linear Transportation Proiects SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated July 30, 2020, including additional information/plans provided on August 20, 2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Andrew Williams at (919) 554-4884 or Andrew.E.Williams2(&usace.armv.mil. Date: 2020.09.25 Corps Regulatory Official: Date: September 25, 2020 Expiration Date of Verification: March 18, 2022 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and 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. 3. ❑ There are waters, including wetlands, within the above described project area that are 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. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed. C. Remarks: The US Army Corps of Engineers concurs with the delineation of aquatic resources that was provided with the pre -construction notification (PCN) for this project. The concurrence is based on a review of the delineation report/data provided with the PCN and a preliminary jurisdictional determination that was completed for this site dated July 22, 2016. D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Atlas: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 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: Andrew Williams Date: 2020.09.25 17:49:17-04'00' 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 hllp:Hcolpsmilpu.usace.army.mil/cm_apex/Vp=136*0. Copy furnished: Kevin Martin Soils & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, North Carolina 27615 kmartin@sandec.com Action ID Number: SAW-2016-00650 County: Wake County Permittee: T. Barker Dameron High Bar Creek, LLC Project Name: Dameron site/High Bar Creek, LLC/Friendship Rd./Wake Forest/Wake County Date Verification Issued: September 25, 2020 Project Manager: Andrew Williams Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Andrew Williams 3331 Heritiage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: T. Barker Dameron/High Barr Creek, LLC File Number: SAW-2016-00650 Date: September 25, 2020 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at hLtp://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPenuits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Philip Shannin, Administrative Appeal Review Officer Attn: Andrew Williams CESAD-PDO 3331 Heritage Trade Drive, Suite 105 U.S. Army Corps of Engineers, South Atlantic Division Wake Forest, North Carolina 27578 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5136 EMAIL: PHILIP.A.SHANNIN USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opporttumnit to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams, 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27578 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5136 EMAIL: PHILIP.A.SHANNIN(&USACE.APMW.MIL o # o Q3 o W O A y a U N U HLaoN — c� � Z W �n W a a ~ 0 w Q U W w U z Ed < W 3 Ca Q' W W UzW W L n _J U j O_ O V DO) X p U w z � Q� Q U H • • W C1 lP w z � A w �Q O I � W � S L 0 6 U p o U (]KO LrR Q W K W Q (V lIl r et ry lIl `" A A N Q°U� w U� °==LL�X z� Z > LL, z oWeJ� � viZ� a m��c�U Q mN N m ° U m U = Zmp K� W J C� j �y N H�i VJ \e�iPU U WO W J LL � wwod O U>o�rt O W m\m Qwo U ,n � ua �QW/• cn a z a r ,c� W W u z V >>zU F U UO L L W QUN �y Vi Cm W U L Ul W y IW�I Z LL,7 Ny o z z z z � o Y w w w w o o w a o 0 0� o o N o � m_o N ,y `� LL a m^ m m o N � w G ti N a m � z 00-0 zap; u — m m a z a z� c Z ¢ u Z m JG Z 2 � 1 Za�Q s "s Z O JG � � � rai> � Z a Q o a��ao" w m Z U Z a� Q b O � w O V - O � O o f c 3� a o 0 d d o r d o z w a a v�i � N m () O d 3 a o z � CTdO'd-I�kJVH� dIHSCIN�I?J� IIOIHX� l�ddw ?:cello CINV C]Nb Il�M o0 0 o-e o a�saaewona/saoeenans/saenmsau aaaosaNv i6/sanNNv is synvy msNoa esn am i •DNI `SHIVIDOSSV � NE[AV-dD'J SHI2id o7oz b ad ae- do �:N 1'3 ao- _>dm nold�o- oo�.� _des CTdO'd-1�kJVH� dIHSCIN�PJ� 1191HX� 1. `vdW ?J���f18 CINb ClNb 11�M 1o0 0 o-e o Lzroac a�saaewona/saoeenans/saenmsau aaaosaNv i6/sanNNv is synvy msNoa esn am i •DNI `SHIVIDOSSV -2R NE[AV-dD'J SHI2id c�0�Sty-�c :IN-�� o7oz e� ad�ae- do �:N 1'3 ao-->dm nold�:o s-adn -des O Q w na Z> zW3��F' 3'�z XwC)Q 3ci Z z C) J xww w a a Q Q w w �z W J z z N N 3 w C) Z J Z z J Z Z Z Q Q d Z Q a a w O 00 000 00 ono a w z Q zo Q Q Q U o U w U w a z� a n a Z 3 J W QQQ� n z n 0 0 o J o Z Z U U U Z Z 0 0 0 Cl( a a n w w w Z I o zww i'w �o�' i �l� J i L Ra 1, z Z l� oz �zz) } , � z a,-a,>Z�3 x �E�" ` zz 2�z,zz° `oz"zs zwE� o om QJQ�z m u� z u�R�\ nz`�'uTI ��oR&zo�1uo� �z�z�ww'z &�u�z `�'==uRa�o�' m Z E w� z°a,E°a8�a,a, z Z Z, w °�RlpO�o�ROEw�pOz)"z-) J�, 0 N U U r iv u 0 3 Ui R R m � iil F v v Il Il 4 F o 0 o d o d d tt �� tt QE z E N w Q N N U g ^ ^ C) S y N Kl N q q O 4 4 O �n 0 0 + O O m O O N a �O t a_s n -S CTdO'd-1�kJVH� dIHSCIN�I?J� 1191HX� 1.�ddw ?:cello CINV CINb 11 M loo olo-elo Lzroac a�saaewona/saoeenans /saenmsau eaaosanvl6/sannnvla synvy msNoa esn anrl •DNI `SHIVIDOSSV � NEIAV-dD'J SHI'dd o7oz bl ad ae- do �n '1'3 _>dm nold�o- o_ .I _ des A (14 A (14 0 Q3 � d N W I`1 W C9 lP U W lY W WQ O lP r Z ro r_ w � d V ` l ry O J_ \ J W Z � O tlJ ro ro � Z r n ry Z � X w I I I � J I I O m (V I [I] I ' rn m >a W Z Z U nz z z z a ' o � � m i Z. _ — w / U q 0 O ° n (V (V z (V i + > O N t I O �n O O O O + L[l O O O O m O O N O O O �n O O O O O in + O CTdO'd-I�kJVH� dIHSCIN�I?J� IIOIHX� l�ddw ?:cello CINV C]N`vll1 M o0 0 o-e o a�saaewona/saoeenans /saenmsau aaaosaNv i6/sanNNv is synvy msNoa esn am i •DNI `SHIVIDOSSV _2R NE[AV-dD'J SHI2id o7oz e� ad�ae- do �:N 1'3 ao-_>dm nold�:o- s_adn _ des P � m _�� giaiaiaa z y i F m V Z Z Z Z Z O Z Z _ F y O Y � 9 a F 9 ry vv g a q a ry� ° Y zz x [- g S B O C� ��}37 R N g E 4p� N A b b b b b b b � ^l bo :v bo in g M E s' 'y - o00o 0 �s9�.aeseeaae F z N B O 000 Mansion EMINHIME O O N O O O �n O O O O C v'O'd-I�kJVH� dIHSCIN�I?J� IIOIHX� l�ddw ?:cello CINV C]NlvIl�M loo olo-elo a�saaewona/saoeenans/saenmsau aaaosaNv i6/sanNNv is synvy msNoa esn am i� .DNI `SHIVIDOSSV -2R NE[AV-dD'J SHI'dd cLOG Sty=Nc :1N-�G o7oz bl Ld Le- do �:N 1'3 Lo-_>dm nold�o- o�.l _des z / ' Q l Q`Q > Q � Dww �ww 1LGN— "� IL IL IL I I w O ~a Q Q ww u 1 � w w � •Z Z' \ 1L✓N — Q I Q Iw'w I w w Q T ~ U Q Q Z a uI W \n W Q Q Q W U w az�\n U a U z 3 n Q z N z N n \n \n \n U z u w o QQQ� n a zzz� 0 0 0 o z z o W 00061 Q Q U a a a 3 o a a a a o m ° o�< . . lu I I I I \ \ I noa Q <Q O O _ Q oL u ry � o� ry i - -,�wwX c11 z�z/ X z ' � �QJ �7LLXX A� o� \ \.O\o �r OZH1L'ON � \ lam - ZwQ-Q w/Q U St z .=��� m<CD ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director September 15, 2020 High Bar Creek, LLC Attn: T Barker Dameron 3336 White Oak Road Raleigh, NC 27609 NORTH CAROLINA Environmental Quality DWR #20-0981 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (1SA NCAC 02B .0714) WITH ADDITIONAL CONDITIONS Dame ron/Friendship Chapel Road Extension Dear Ms. Mitchell: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on July 30, 2020 with payment received on August 1, 2020. These impacts are covered by the attached Water Quality General Certification Number 4135 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] and15A NCAC 02B .0611] North Carolina Department of Environmental Quality I Division of Water Resources �� Ralelgh Regional Office 13800 Barrett Drive Ralciah. North Carolina 27609 Dameron/Friendship Chapel Road Extension DWR P#20-0981 401 AND BUFFER APPROVAL Page 2 of 5 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland W1: Road Fill 0.088 (acres) 0 (acres) Stream S1: Road Crossing -Culvert 147 (linear feet) 0 (linear feet) S2: Road Crossing -Rip Rap 89 (linear feet) 0 (linear feet) S3: Road Crossing-Dewatering 0 (linear feet) 78 (linear feet) Buffers - Zone 1 B1: Road Crossing 17,422 (square feet) 0 (square feet) 132: SCM Outlet Pipe 561 (square feet) 0 (square feet) B3: SCM Outlet Pipe 519 (square feet) 0 (square feet) 134: SCM Outlet Pipe 537 (square feet) 0 (square feet) 136: SCM Outlet Pipe 595 (square feet) 0 (square feet) Buffers - Zone 2 B1: Road Crossing 7,783 (square feet) 0 (square feet) 62: SCM Outlet Pipe 475 (square feet) 0 (square feet) B3: SCM Outlet Pipe 865 (square feet) 0 (square feet) B4: SCM Outlet Pipe 430 (square feet) 0 (square feet) B5: Utility Crossing 277 (square feet) 0 (square feet) 136: SCM Outlet Pipe 546 (square feet) 0 (square feet) 2. Stormwater Management Plan (SMP) Approval from Local Community Required The stormwater management plan (SMP) must be approved by the Town of Wake Forest and meet the requirements of this Certification. The SMP may not be modified without prior written authorization from the Town of Wake Forest. [15A NCAC 02H .0506(b)(3)] 3. Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received a Statement of Availability letter from Wildlands Engineering, Inc. (Wildlands Holdings 11, LLC or Wildlands Holdings V, LLC), Restoration Systems, LLC, EBX- Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank (EBX-Neuse 1), RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank (RES), RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank (EBX) to meet this mitigation requirement. The specific bank site to be debited will be Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Ezell, Polecat, Hannah Bridge, Meadow Spring, Uzzle, Poplar Creek and Stone Creek all located in HUC 03020201. Dameron/Friendship Chapel Road Extension DWR #20-0981 401 AND BUFFER APPROVAL Page 3 of 5 Until Wildlands Engineering, Inc, Restoration Systems, LLC, EBX-Neuse I, RES or EBX receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to Wildlands Engineering, Inc., Restoration Systems, LLC, EBX-Neuse I, RES, or EBX to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Bank Sponsor River & Sub -basin Required Number Wildlands Holdings II, LLC, Buffer- 52,266 (square feet) Wildlands Holding V, LLC and Neuse: 03020201-Not in Zone 1 EBX-Neuse I, LLC or EBX and Falls Lake Watershed Restoration Systems, LLC Wildlands Holdings II, LLC, Buffer- 11,675 (square feet) Wildlands Holding V, LLC and Neuse: 03020201-Not in Zone 2 EBX-Neuse I, LLC or EBX and Falls Lake Watershed Restoration Systems, LLC Total: 63,941 (square feet) 4. The permittee shall report to the Raleigh Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0714]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 5. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to Dameron/Friendship Chapel Road Extension DWR ##20-0981 401 AND BUFFER APPROVAL Page 4 of 5 infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] Erosion control matting that incorporates plastic mesh and/ or plastic twine shall not beused along streambanks. [ 15ANCACO213.0201] 6. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification and Buffer Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification and Buffer Authorization can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 if sending via delivery service (e.g. UPS, Fed Ex): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Paul Wojoski NC DWR-401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Dame ron/Friendship Chapel Road Extension DWR #20-0981 401 AND BUFFER APPROVAL Page 5 of 5 If sending via delivery service (e.g. UPS, FedEx): Paul Wojoski NC DWR — 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns. Sincerely, Docu51 d by: BCOASC825D3Ad6: I Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosure: GC 4135 cc: Andrew Williams, USACE Raleigh Regulatory Field Office (via email) DWR RRO 401 file DWR 401 & Buffer Permitting Unit via Laserfiche Kevin Martin, S&EC, PA (via email) INVOICE High Bar Creek, LLC 3336 White Oak Road Raleigh, NC 27609 Attn: T. Barker Dameron March 10, 2022 Invoice - RBB-MS22031 Project ID - PRJ100133 RES Neuse Buffer & Nutrient Mitigation Bank, Meadow Spring Site: Friendship Chapel Road Extenstion, DWR Project #: 20-0981 Item 1 - Buffer Credits Kindly submit a check in the amount of Please make check payable to: Units Cost Per Invoice Unit Amount 63,941.00 $ 1.10 $ 70,335.10 TOTALS: $70,335.10 for Buffer Credits EBX-Neuse I, LLC c/o Resource Environmental Solutions, LLC 701 E. Bay Street, Suite 306 Charleston, SC 29403 *Invoice valid for 30 days * 29,658.93 credits from Meadow Spring * 5,361.00 credits from Meadow Spring Pres * 19,972.46 credits from Hannah Bridge * 1,230.35 credits from Hannah Bridge Pres * 4,712.71 credits from Polecat * 3,005.55 credits from Polecat Pres $ 70,335.10 fires Mitigation Credit Transfer Certificate Prepared by EBX-NE USE 1, LLC March 28, 2022 Abode Communities, LLC 3105 Glenwood Avenue, Suite 105 Raleigh, NC 27612 Hannah Bridge Bank Parcel ID: DWR Project # 2017-0537v2 Riparian Buffer Credits Purchased: 21,202.81 (ft2) 8 digit-HUC — 03020201 Neuse River Basin Project Name: Friendship Chapel Road Extension, DWR Project 920-0981 You have elected to fulfill your permitted buffer mitigation requirements for the Friendship Chapel Road Extension project by paying into the RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank (Hannah Bridge Site). This Bank has received full payment for buffer mitigation for the above referenced project. Riparian buffer impacts occurred in the Neuse River Basin. The amount of buffer mitigation required is specified and verified by DWR in project 920-0981 and is 63,941.00 ff. The Hannah Bridge site is providing 19,972.46 ft2, Hannah Bridge Buffer Preservation is providing 1,230.35 ft2, the Polecat site is providing 4,712.71 ft2, Polecat Buffer Preservation is providing 3,005.55 ft2, the Meadow Spring site is providing 29,658.93 ft2 and the Meadow Spring Buffer Enhancement site is providing $5,361.00 for a total of 63,941.00 ft2. You must also comply with any other state, federal or local government permits, or authorization associated with this activity including SL 2009-337, An Act to Promote Compensatory Mitigation Banks. This payment into the Bank is not transferable. If you have any questions or need additional information, please contact me at 919-209-1055 or astaley@res.us. Sincerely, Amy Staley Credit Sales Manager Resource Environmental Solutions, LLC cc: DWR - Katie Merritt, Nutrient Offset Bank Coordinator cc: DWR — Stephanie Goss S&EC — Kevin C. Martin Resource Environmental Solutions, LLC . 701 E. Bay Street, Suite 306 . Charleston, SC 29403 fires Mitigation Credit Transfer Certificate Prepared by EBX-NE USE 1, LLC March 28, 2022 Abode Communities, LLC 3105 Glenwood Avenue, Suite 105 Raleigh, NC 27612 Meadow Spring Bank Parcel ID: DWR Project # 2016-0980v2 Riparian Buffer Credits Purchased: 35,019.93 (ft2) 8 digit-HUC — 03020201 Neuse River Basin Project Name: Friendship Chapel Road Extension, DWR Project 920-0981 You have elected to fulfill your permitted buffer mitigation requirements for the Friendship Chapel Road Extension project by paying into the Neuse Riparian Buffer and Nutrient Bank (Meadow Spring Site). This Bank has received full payment for buffer mitigation for the above referenced project. Riparian buffer impacts occurred in the Neuse River Basin. The amount of buffer mitigation required is specified and verified by DWR in project 920-0981 and is 63,941.00 W. The Meadow Spring site is providing 29,658.93 W, Meadow Spring Buffer Enhancement is providing 5,361.00 W, the Hannah Bridge site is providing 19,972.46 W, Hannah Bridge Buffer Preservation is providing 1,230.35 W, the Polecat site is providing 4,712.71 Wand the Polecat Buffer Preservation site is providing $3,005.55 for a total of 63,941.00 W. You must also comply with any other state, federal or local government permits, or authorization associated with this activity including SL 2009-337, An Act to Promote Compensatory Mitigation Banks. This payment into the Bank is not transferable. If you have any questions or need additional information, please contact me at 919-209-1055 or astaley@res.us. Sincerely, Amy Staley Credit Sales Manager Resource Environmental Solutions, LLC cc: DWR — Katie Merritt, Nutrient Offset Bank Coordinator cc: DWR — Stephanie Goss S&EC — Kevin C. Martin Resource Environmental Solutions, LLC . 701 E. Bay Street, Suite 306 . Charleston, SC 29403 pres Mitigation Credit Transfer Certificate Prepared by EBX-NE USE 1, LLC March 28, 2022 Abode Communities, LLC 3105 Glenwood Avenue, Suite 105 Raleigh, NC 27612 Polecat Bank Parcel ID: DWR Project # 2016-0978v2 Riparian Buffer Credits Purchased: 7,718.26 (ft2) 8 digit-HUC — 03020201 Neuse River Basin Project Name: Friendship Chapel Road Extension, DWR Project 920-0981 You have elected to fulfill your permitted buffer mitigation requirements for Friendship Chapel Road Extension project by paying into the RES Neuse Riparian Buffer and Nutrient Offset Bank (Polecat Site). This Bank has received full payment for buffer mitigation for the above referenced project. Riparian buffer impacts occurred in the Neuse River Basin. The amount of buffer mitigation required is specified and verified by DWR in project 920-0981 and is 63,941.00 ft2. The Polecat site is providing 4,712.71 ft2, Polecat Buffer Preservation is providing 3,005.55 ft2, the Hannah Bridge site is providing 19,972.46 ft2, Hannah Bridge Buffer Preservation is providing 1,230.35 ft2, the Meadow Spring site is providing 29,658.93 ft2 and the Meadow Spring Buffer Enhancement site is providing $5,361.00 for a total of 63,941.00 ft2. You must also comply with any other state, federal or local government permits, or authorization associated with this activity including SL 2009-337, An Act to Promote Compensatory Mitigation Banks. This payment into the Bank is not transferable. If you have any questions or need additional information, please contact me at 919-209-1055 or astaley@res.us. 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C y U L L T d Lu ~ C7 �j u) C �'E 4 m E E a52 Em 20 c_ Em (0 O Z N 0 H x EEE �od c omo �Z z0_ w H mo..`-0 c°�m c'- T O C 10 C a N d O o o ° C N E m m N 3 W F z Z O L�. Z c o m E -• v °? -. :o c�Ey Q35 t�,mm rt C U Q QU U IJJ w ) o �o .o o`oi ona�iN mom aU u)LL �Qc `o ��E �a W J Q u) m waaQ d H 0 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 December 7, 2018 Bob Zarzecki S&EC 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Re: Friendship Chapel Road Extension — Wake County, NC Dear Mr. Zarzecki: This letter is to inform you that the Service has established an on-line project planning and consultation process which assists developers and consultants in determining whether a federally -listed species or designated critical habitat may be affected by a proposed project. For future projects, please visit the Raleigh Field Offrce's project planning website -at htt/iwyvtiv.fws.go�;'ralelL`�p.l►trnl. If you are only searching for a list of species that may be present in the project's Action Area, then you may use the Service's Information, Planning, and Consultation System (IPaC) website to determine if any listed, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed at https:Hecos.fw-s.gov/ipac/. The IPaC web site contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern' that are known to occur in each county in North Carolina, and other resources. 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 The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not.necessarily imply 'that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. 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. With regard to the above -referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action 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 Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fNvs.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. 2 We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact John Ellis of this office at (919) 856-4520 ext. 26. Sincerely, 1 r, P e Benjamin Field Supervisor - United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0071381 Project Name: Reserve at Dunn Creek - Friendship Chapel Road Extension April 19, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 04/19/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 04/19/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 04/19/2023 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 (919) 856-4520 04/19/2023 PROJECT SUMMARY Project Code: 2023-0071381 Project Name: Reserve at Dunn Creek - Friendship Chapel Road Extension Project Type: Residential Construction Project Description: Residential Subdivision & Extension of existing Friendship Chapel Road across Hatters Branch (a.k.a. Dunn Creek). Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)35.96446508048044,-78.50168908677367,14z c Counties: Wake County, North Carolina 04/19/2023 3 ENDANGERED SPECIES ACT SPECIES There is a total of 8 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 AMPHIBIANS NAME STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6772 FISHES NAME STATUS Carolina Madtom Noturus furiosus Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/528 04/19/2023 4 CLAMS NAME STATUS Atlantic Pigtoe Fusconaia masoni Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 04/19/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10 and Alaska. https:Hecos.fws.gov/ecp/species/9399 04/19/2023 BREEDING NAME SEASON Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. PROBABILITY OF PRESENCE SUMMARY Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds May 10 to Aug 31 The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 04/19/2023 3 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC Vulnerable =.dd �■■■ ■■ 6 MEE Ei■1 ■��� ■■�1 Black -billed FEE ME Cuckoo ++++ ++++ ++++ ++++ +tt� ttttttt+++ ++++ ++—+ ++++ Cuckoo BCC Rangewide (CON) Chimney Swift rr— + ++ BCC Rangewide 1$11 1"''"''"l Jill Jill 11 +++ + + + ++ ++—+ ++++ (CON) 4 Prairie Warbler BCC Rangewide ++++ ++++ ++++ 1 1 1 1 1-+++ +++11111 ++++ ++—+ ++++ (CON) Prothonary Warbler ++++ ++++ ++++ '++++ ++++ ++++ 1+++ ++++ ++—+ ++++ BCC Rangewide �■ ���� �` (CON) 04/19/2023 4 Red-headed Woodpecker BCC Rangewide (CON) Wood Thrush +$I """ "' 11 1 " BCC Rangewide ++++ + ++ ++++ + ++ + + + ++++ ++—+ ++++ (CON) ��� ---- ---- --- Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding. and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. 04/19/2023 What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. 04/19/2023 6 Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 04/19/2023 IPAC USER CONTACT INFORMATION Agency: Soil & Environmental Consultants, PA Name: Robert Zarzecki Address: 8412 Falls of Neuse Road Address Line 2: Suite 104 City: Raleigh State: NC Zip: 27615 Email bzarzecki@sandec.com Phone: 9198465900 Roy Cooper, Governor ■ ■■■ lr■■ ■ INC DEPARTMENT OF 0■,■i NATURAL AND CULTURAL RESOURCES ■ ■■ ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program April 19, 2023 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Reserve at Dunn Creek Subdivision & Friendship Chapel Road Extension; 12830.W8 Dear Robert Zarzecki: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. 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 documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that 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 an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. 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