Version 2 _ Saunders and Hinton Sidewalk Project

El
STATE,
X �r
NORTH CAROLINA
Environmental Quality
Water Resources
Office Use Only
Corps Action ID no. SAW-2023-00831 Date received: [Click to enter.]
DWR project no. [Click enter.] Date received: [Click to enter.]
Site Coordinates:
Latitude (DD.DDDDDD): 35.733130
Longitude (DD.DDDDDD):-78.855237
Form Version 4.3, April 20, 2022
Pre -Construction Notification (PCN) Form
(Ver. 4.2, January 31, 2022))
For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications
Please note: fields marked with a red asterisk * are required. The form is not considered complete until all
mandatory questions are answered.
The PCN help document may be found at this link:
://edocs.dea.nc.aov/WaterResources/DocView.asox?dbid =0&id=2196924&cr=1
Please ensure you have submitted a pre -filing meeting request at least 30 days prior to submitting this
form, as DWR will not be able to accept your application without documentation of this important first step.
The Division has developed a Pre -filing Meeting Request email address 401 PreFile(a)-ncdenr.gov to accept
the federally required pre -filing meeting request and provide confirmation receipt of submittal . This receipt
or similar documentation will satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to
submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying
agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must
include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30
days prior to submitting the certification request.
Attach documentation of Pre -Filing Meeting Request to this Application.
Date of Pre -filing Meeting Request (MM/DD/YYYY) *: 12/6/2022
Page 1 of 21 PCN Form Version 4.3- April 20, 2022

A. Processing Information
County (counties) where project is located: *
Wake Additional (if needed).
Is this an ARPA project? *
❑ Yes ® No
If yes, ARPA project number:
* The project number can be found on the "Letter of Intent to Fund"
(LOIF) or "Offer and Acceptance Letter". If you are unable to locate
Click or tap here to enter text.
your DWI ARPA Funding Project Number, please contact Corey
Basinger at corey.basinger(@ncdenr.gov for further assistance.
Is this a NCDMS project? *
(Click yes only if NCDMS is the applicant or co-
❑ Yes ® No
applicant)
Is this a public transportation project?
(Publicly funded municipal, state, or federal road, rail,
© Yes ❑ No
or airport project)
Is this a NCDOT project? *
❑ Yes ® No
If yes, NCDOT TIP or state project number:
Click to enter.
If yes, NCDOT WBS number: *
Click to enter.
❑x Section 404 Permit (wetlands, streams, waters,
Clean Water Act)
1 a. Type(s) of approval sought from the Corps: *
❑ Section 10 Permit (navigable waters, tidal
waters, Rivers and Harbors Act)
Has this PCN previously been submitted? *
❑x Yes ❑ No
Please provide the date of the previous submission. *
4/14/2023
❑x Nationwide Permit (NWP)
1 b. What type(s) of permit(s) do you wish to seek
El Regional General Permit (RGP)
authorization? *
❑ Standard (IP)
This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps
representative concerning submittals for standard permits. All required items can be included as attachments and
submitted with this form.
1c. Has the NWP or GP number been verified by the Corps? *
❑ Yes ❑x No
NWP number(s) (list all numbers ):
18
RGP number(s) (list all numbers ):
Click to enter.
Are you a federal applicant?
❑ Yes ❑x No
If yes, please provide a statement concerning compliance with the Coastal Zone Management Act
Click to enter text.
1d. Type(s) of approval sought from DWR (check all that apply):
❑ 401 Water Quality Certification — Regular
❑ 401 Water Quality Certification— Express
❑ Non-404 Jurisdictional General Permit
❑x Riparian Buffer Authorization
❑x Individual 401 Water Quality Certification
Is this a courtesy copy notification
❑ Yes ❑x No
Page 2 of 21 PCN Form Version 4.3- April 20, 2022

1e.
Is this notification solely for the record because written approval is not required? *
For the record only for DWR 401 Certification: *
❑ Yes
® No
For the record only for Corps Permit: *
❑ Yes
® No
1f.
Is this an after -the -fact permit/certification application? *
❑ Yes
® No
1g.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts?
❑ Yes
® No
If yes, attach the acceptance letter from mitigation bank or in -lieu fee program.
1h.
Is the project located in any of NC's twenty coastal counties? *
❑ Yes
® No
1i.
Is the project located within an NC DCM Area of Environmental
Concern (AEC)? *
❑ Yes
® No ❑ Unknown
1j.
Is the project located in a designated trout watershed?
❑ Yes
❑x No
If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office.
Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-
Program/Agency-Coordination/Trout.aspx
Page 3 of 21 PCN Form Version 4.3- April 20, 2022

B. Applicant Information
1 a.
Who is the primary contact? *
Ashley Bentz
1 b.
Primary Contact Email: *
[e-mail]
1 c.
Primary Contact Phone: * (###)###-####
[phone]
1d.
Who is applying for the permit/certification? * (check
all that apply)
® Owner ❑ Applicant (other than owner)
1 e.
Is there an agent/consultant for this project?*
® Yes ❑ No
2.
Landowner Information
2a.
Name(s) on Recorded Deed: *
Town of Apex (NCDOT ROW)
2b.
Deed Book and Page No.:
Click to enter.
2c.
Contact Person (for corporations):
Adan Stephenson, Transportation Engineering
Manager
2d.
Address
Street Address:
PO Box 250
Address line 2:
Click to enter.
City:
Apex
State/ Province/ Region:
NC
Postal/ Zip Code:
27502
Country:
USA
2e.
Telephone Number: * (###)###-####
[phone]
2f.
Fax Number: (###)###-####
Click to enter.
2g.
Email Address: *
Adam. [e-mail]
3.
Applicant Information (if different from owner)
3a.
Name: *
Click to enter.
3b.
Business Name (if applicable):
Click to enter.
3c.
Address: *
Street Address:
Click to enter.
Address line 2:
Click to enter.
City:
Click to enter.
State/ Province/ Region:
Click to enter.
Postal/ Zip Code:
Click to enter.
Country
Click to enter.
3d.
Telephone Number: * (###)###-####
Click to enter.
3e
Fax Number: (###)###-####
Click to enter.
Page 4 of 21 PCN Form Version 4.3- April 20, 2022

3f. Email Address: * Click to enter.
4. Agent/ Consultant (if applicable)
4a. Name: *
Ashley Bentz
4b. Business Name:
S&ME, Inc
4c. Address: *
Street Address:
3201 Spring Forest Road
Address line 2:
Click to enter.
City:
Raleigh
State/ Province/ Region:
NC
Postal/ Zip Code:
27616
Country:
USA
4d. Telephone Number: * (###)###-####
[phone]
4e Fax Number: (###)###-####
Click to enter.
4f. Email Address: *
[e-mail]
Agent Authorization Letter:*
Attach a completed/signed agent authorization form or letter. A sample form may be found at this link:
https://www.saw. usace.army.mil/Missions/Regulatory-Permit-Program/Perm its/2017-Nationwide-Permits/Pre-
construction-Notification/
Page 5 of 21 PCN Form Version 4.3- April 20, 2022

C. Project Information and Prior Project History
1. Project Information
1a. Name of project: *
Saunders and Hinton Streets Sidewalk Project
1 b. Subdivision name (if appropriate):
Click to enter.
1c. Nearest municipality/town: *
Apex, NC
2.
Project Identification
2a.
Property identification number (tax PIN or parcel ID):
NCDOT ROW
2b.
Property size (in acres):
Linear project
2c.
Project Address:
Street Address:
Saunders and Hinton Streets
Address line 2:
Click to enter.
City:
Apex
State/ Province/ Region:
NC
Postal/ Zip Code:
27502
Country:
USA
2d.
Site coordinates in decimal degrees (using 4-6 digits
after the decimal point): *
Latitude (DD.DDDDDD): * 35.733130
Longitude (-DD.DDDDDD): *--78.855237
3. Surface Waters
3a. Name of nearest body of water to proposed project: *
UT — Beaver Creek
3b. Water Resources Classification of nearest receiving
WS-IV, NSW
water: *
The Surface Water Classification map may be found at this link:
https://ncdenr. maps.arcqis.com/apps/webappviewer/index.htmI?id=6e125ad7628f494694e259c8Odd64265
Cape Fear
3c. In what river basin(s) is your project located? *
Choose additional (if needed)
3d. Please provide the 12-digit HUC in which the project is
030300020609
located: *
The Find Your HUC map may be found at this link:
https://ncdenr.maps.arcqis.com/apps/Pubiicinformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3
Page 6 of 21 PCN Form Version 4.3- April 20, 2022

4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of
this application: *
The proposed project is located on the side of the road in a residential neighborhood. The proposed sidewalk will
primarily be located within maintained yards within the residential neighborhood, which is located just west of
downtown Town of Apex.
4b. Have Corps permits or DWR certifications been obtained for this
❑ Yes ❑x No ❑ Unknown
project (including all prior phases) in the past? *
If yes, please give the DWR Certification number and/or Corps
SAW-2023-00831
Action ID (ex. SAW-0000-00000):
20230545
Attach any pertinent project history documentation
4b2. Is any portion of the work already complete? *
❑ Yes ❑x No
If yes, describe the completed work.
Click to enter text.
4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work
described in this application not related to the 404 or 401.
Click to enter text.
4d. Attach an 8'/2 x 11" excerpt from the most recent version of the USGS topographic map indicating the location of
the project site.
4e. Attach an 8'/2 x 11" excerpt from the most recent version of the published County NRCS Soil Survey map
depicting the project site.
4f. List the total estimated acreage of all existing wetlands on the
0 acres
property:
4g. List the total estimated linear feet of all existing streams (intermittent
150 linear feet
and perennial) on the property:
4g1. List the total estimated acreage of all existing open waters on the
0 acres
property:
4h. Explain the purpose of the proposed project:
The proposed project is intended to provide a pedestrian connection from the south to Baucom Elementary
School within the No Transport Zone, which is the zone within a radius of the school where transportation is not
provided to students due to the proximity of the school.
4i. Describe the overall project in detail, including the type of equipment to be used:
The project will involve the construction of a sidewalk for pedestrian safety, upsizing an existing culvert that is
currently undersized, and reinforcing stream banks up and downstream of the culverts. Outfalls will be added to
support flow from proposed curbs required during construction. Standard construction equipment will be used.
4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project.
4k. Will this activity involve dredging in wetlands or waters? *
❑ Yes ❑x No
If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area.
Click to enter text.
Page 7 of 21 PCN Form Version 4.3- April 20, 2022

5.
Jurisdictional Determinations
5a.
Have the wetlands or streams been delineated on
the property or in
® Yes ❑ No ❑ Unknown
proposed impact areas?
Comments:
Click to enter text.
5b.
If the Corps made a jurisdictional determination,
❑ Preliminary ❑ Approved ❑ Emailed concurrence
what type of determination was made? *
❑x Not Verified ❑ Unknown ❑ n/a
Corps AID number (ex. SAW-0000-00000):
SAW-2023-00831
Name (if known): Walter Cole
5c.
If 5a is yes, who delineated the jurisdictional
Agency/Consultant Company: S&ME, Inc.
areas?
Other: Click to enter.
5d.
List the dates of the Corps jurisdictional determination or State determination if a determination was made by
either agency.
Click to enter.
5d1. Attach jurisdictional determinations.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑x No
6b. If yes, explain.
Click to enter.
Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to
authorize any part of the proposed project or related activity? This includes other separate and distant crossings
for linear projects that require Department of the Army authorization but don't require pre -construction
notification.
No
7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be
entered here, please attach a supplemental list)
Click to enter.
8. Scheduling of activity:
Click to enter.
Page 8 of 21 PCN Form Version 4.3- April 20, 2022

D. Proposed Impacts Inventory
Impacts Summary
❑ Wetlands 0 Streams - tributaries
1a. Where are the impacts associated with your project 0 Buffers ❑ Open Waters
(check all that apply):
❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, complete this table for each wetland area impacted.
2a.
Site #*
2a1.
Impact
Reason/Type
2b.
Impact
Duration
2c.
Wetland Type
2d.
Wetland Name
2e.
Forested
?*
2f.
Jurisdiction
Type
2g.
Impact Area
(ac)
W1
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W2
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W3
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W4
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W5
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W6
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W7
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W8
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W9
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W10
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W11
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W12
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W13
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W14
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W15
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
2g1. Total temporary wetland impacts
Click to enter. ac
2g2. Total permanent wetland impacts
Click to enter. ac
2g3. Total wetland impacts
Click to enter. ac
2h. Type(s) of material being discharged and the amount of each type in cubic yards:
Click to enter text.
2i. Comments:
Click to enter text.
Page 9 of 21 PCN Form Version 4.3- April 20, 2022

3. Stream Impacts
If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site,
complete this table for all stream/ tributary sites impacted.
** All Perennial or Intermittent streams must be verified by DWR or delegated local government
Site #*
3a
Impact
Reason*
3b.
Impact
Duration*
3c.
Impact Type*
3d.
Stream Name*
3e.
Stream
Type*
3f.
Jurisdiction
Type*
3g.
Stream Width
(avg ft) *
3h.
Impact length
(linear ft)
S1
Culvert
Replacement
Permanent
Crossing/
Culvert
S1
Perennial
Both
10
90
S2
Stream
Stabilization
Permanent
Fill (Intl.
Riprap)
S1
Perennial
Both
15
60
S3
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S4
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S5
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S6
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S7
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S8
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S9
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S10
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S11
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S12
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S13
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S14
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S15
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S16
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S17
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S18
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S19
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S20
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
3i1. Total jurisdictional ditch
impact:
0 linear ft
3i2. Total permanent stream
impacts:
150 linear ft
M. Total temporary stream
impacts:
0 linear ft
34. Total stream and ditch
impacts:
150 linear ft
Page 10 of 21 PCN Form Version 4.3- April 20, 2022

3j. Comments:
The stream will be permanently impacted through the replacement of an existing undersized culvert. Permanent
impacts due to the need for grading for the culvert and proposed sidewalk will total 617 square feet or 0.014
acres. These are necessary to accommodate the minimum berm necessary to support the sidewalk. These
impacts have increased from the original version in order to accommodate a sidewalk should one be necessary
along the northern side of Saunders Street west of its intersection with Hinton Street. This is not currently
budgeted or planned, but was requested by the engineer. Additional impacts are due to the necessity of
stabilizing inlet and outlets for the existing culverts. The rip rap will be keyed into the stream bed and will not
result in a permanent loss. These impacts will total 744 square feet or 0.017 acres. In total, permanent impacts
will total 0.031 acre.
Page 11 of 21 PCN Form Version 4.3- April 20, 2022

4.
Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other
open water of the U.S., individually list all open water impacts in the table below.
4a.
Site #*
4a1.
Impact Reason
4b.
Impact
Duration*
4c.
Waterbody Name*
4d.
Activity Type*
4e.
Waterbody
Type*
4f.
Impact area
(ac)*
01
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
02
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
03
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
04
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
05
Click to enter.
Temp/ Perm
Click to enter.
Choose one
I Choose one
Click to enter.
4g.
Total temporary open water impacts
Click to enter. ac
4g.
Total permanent open water impacts
Click to enter. ac
4g.
Total open water impacts
Click to enter. ac
4h.
Comments:
Click to enter.
5.
Pond or Lake Construction
If pond or lake construction is proposed, complete
the table below. (*This
does NOT include
offline stormwater
management ponds.)
5a.
5b.
5c.
5d.
5e.
Pond ID
Proposed use or
Wetland Impacts (ac)
Stream
Impacts (ft)
Upland
#
purpose of pond
Impacts (ac)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
P2
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
P3
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
5f.
Total
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
5g.
Comments:
Click to enter.
5h.
Is a dam high hazard permit required?
❑ Yes ❑ No
If yes, permit ID no.:
Click to enter.
5i.
Expected pond surface area (acres):
Click to enter.
5j.
Size of pond watershed (acres):
Click to enter.
5k.
Method of construction:
Click to enter.
Page 12 of 21 PCN Form Version 4.3- April 20, 2022

6. Buffer Impacts (DWR requirement)
If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts.
6a. Project is in which protected basin(s)?
* (Check all that apply.)
❑ Neuse ❑ Tar -Pamlico ❑ Catawba
❑x Jordan ❑ Goose Creek ❑ Randleman
❑ Other: Click to enter.
Site #*
6b.
Impact Type*
6c.
Impact Duration*
6d.
Stream Name*
6e.
Buffer
Mitigation
Required?*
6f.
Zone 1 Impact*
(sq ft)
6g.
Zone 2 Impact*
(sq ft)
131
Fill (Ind. Riprap)
Permanent
S1
No
3698
465
B2
Greenway/
Playground
Temporary
S1
No
3332
666
B3
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B4
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B5
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B6
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B7
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B8
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
139
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B10
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B11
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B12
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B13
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B14
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B15
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B16
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B17
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B18
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B19
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B20
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
6h. Total temporary impacts:
Zone 1: 3332 sq ft
Zone 2: 666 sq ft
6h. Total permanent impacts:
Zone 1: 3698 sq ft
Zone 2: 465 sq ft
6h. Total combined buffer impacts:
Zone 1: 7030 sq ft
Zone 2: 1131 sq ft
6i. Comments:
Permanent impacts will be the result of the construction of the sidewalk and will total 3,698 sq ft in Zone 1 and
465 sq ft in Zone 2. All other impacts will be the result of grading during construction and will be allowed to
revegetate after construction has been completed.
Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project.
Page 13 of 21 PCN Form Version 4.3- April 20, 2022

E. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design:
During design, the north side of Saunders Street west of its intersection was considered for the sidewalk, but
could not be used due to topographic constraints. In addition, impacts were minimized to the extent necessary to
support the minimum berm width for the sidewalk. Project engineers tightened the typical section by placing the
sidewalk against the back of the curb in the vicinity to minimize impacts. While the project footprint is less than
one acre and therefore does not require an approved sediment and erosion plan, appropriate sediment and
erosion control practices will be utilized to minimize impacts to the jurisdictional stream.
1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques:
Specific attention will be paid to ensure grading is only performed to the extent needed for the proposed project
and all grading not required will be avoided. Additional impacts to the jurisdictional stream will be avoided
through the use of appropriate sediment and erosion control devices.
2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers
2a. If compensatory mitigation is required, by whom is it required? * ❑ DWR ❑ Corps
(check all that apply)
2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank
project? * (check all that apply) ❑ In Lieu Fee Program
❑ Permittee Responsible Mitigation
3. Complete if using a Mitigation Bank
(Must satisfy NC General Statute143-214.11 (d1).)
3a. Name of mitigation bank:
Click to enter.
3b. Credits purchased/requested:
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Attach receipt and/or approval letter.
3c. Comments:
Click to enter.
4.
Complete if Using an In Lieu Fee Program
4a.
Attach approval letter from in lieu fee program.
4b.
Stream mitigation requested:
Click to enter. linear feet
4c.
If using stream mitigation, what is the stream temperature:
Choose one
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District's RIBITS website: (Please use the filter and select Wilmington district)
https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO: RP:P27 BUTTON KEY:O
4d.
Buffer mitigation requested (DWR only):
Click to enter. square feet
4e.
Riparian wetland mitigation requested:
Click to enter. acres
Page 14 of 21 PCN Form Version 4.3- April 20, 2022

4f. Non -riparian wetland mitigation requested:
Click to enter. acres
4g. Coastal (tidal) wetland mitigation requested:
Click to enter. acres
4h. Comments:
Click to enter.
5. Complete if Providing a Permittee Responsible Mitigation Plan
5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan,
including mitigation credits generated.
Click to enter.
5b. Attach mitigation plan/documentation.
6.
Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement
6a.
Will the project result in an impact within a protected riparian buffer
❑ Yes ❑x No
that requires buffer mitigation?
If yes, please complete this entire section — please contact DWR for more information.
6b.
If yes, identify the square feet of impact to each zone of the riparian buffer that requires
mitigation. Calculate the
amount of mitigation required in the table below.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
Click to enter.
Click to enter.
Choose one
Click to enter.
Zone 2
Click to enter.
Click to enter.
Choose one
Click to enter.
6f. Total buffer mitigation required
Click to enter.
6g.
If buffer mitigation is required, is payment to a mitigation bank or
❑ Yes ❑ No
NC Division of Mitigation Services proposed?
6h.
If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation
Services.
6i.
Comments:
Click to enter.
Page 15 of 21 PCN Form Version 4.3- April 20, 2022

F. Stormwater Management and Diffuse Flow Plan (DWR requirement)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers
M Yes ❑ No
identified within one of the NC Riparian Buffer Protection Rules?
1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the
project is subject to a state implemented riparian buffer protection program, include a plan that fully documents
how diffuse/dispersed flow will be maintained.
All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design
Manual (https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit-
guidance/stormwater-bmp-manual).
Associated supplement forms and other documentation must be provided.
❑ Level Spreader
What Type of SCM are you
❑ Vegetated Conveyance (lower seasonal high water table- SHWT)
providing?
❑ Wetland Swale (higher SHWT)
(Check all that apply)
❑ Other SCM that removes minimum 30% nitrogen
❑x Proposed project will not create concentrated stormwater flow through the
buffer
For a list of options to meet the diffuse flow requirements, click here.
Attach diffuse flow documentation.
2.
Stormwater Management Plan
2a.
Is this an NCDOT project subject to compliance with NCDOT's
Individual NPDES permit NCS000250? *
❑Yes No
2b.
Does this project meet the requirements for low density projects as
defined in 15A NCAC 02H .1003(2)? *
❑x Yes El No
To look up low density requirements, click here:
http://reports.oah.state.nc. us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20-
%20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf
2c.
Does this project have a stormwater management plan (SMP)
ElYes ElNo
reviewed and approved under a state stormwater program or state -
approved local government stormwater program? *
❑x n/a — project disturbs < 1 acre
Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented
stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of
community in -lieu programs should answer "no" to this question.
2d.
Which of the following stormwater management program(s) apply?
❑ Local Government
(Check all that apply.)*
❑ State
If you have local government approval, please include the SMP on their overall impact map.
Local Government Stormwater Programs *
❑ Phase II ❑ USMP
❑ NSW ❑ Water Supply
Page 16 of 21 PCN Form Version 4.3- April 20, 2022

Please identify which local government stormwater program you are using.
Click to enter.
State Stormwater Programs * ❑ Phase II ❑ HQW or ORW
❑ Coastal Counties ❑ Other
Comments:
Click to enter.
Page 17 of 21 PCN Form Version 4.3- April 20, 2022

G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local)
® Yes ❑ No
funds or the use of public (federal/state) land? *
1 b. If you answered "yes" to the above, does the project require
preparation of an environmental document pursuant to the
requirements of the National or State (North Carolina) Environmental
El Yes ❑x No
Policy Act (NEPA/SEPA)? *
1c. If you answered "yes" to the above, has the document review been
finalized by the State Clearing House? (If so, attach a copy of the
❑ Yes ❑ No
NEPA or SEPA final approval letter.)
Comments:
The project does not meet the thresholds to require preparation of an environmental document pursuant to the
requirements of the National or State Environmental Policy Act.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A
NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300),
Federally Non -Jurisdictional Wetlands /Classified Surface Waters
❑ Yes ❑x No
(15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
2b. If you answered "yes" to the above question, provide an explanation of the violation(s):
Click to enter.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future
impacts) result in additional development, which could impact nearby
❑ Yes ❑x No
downstream water quality? *
3b. If you answered "no", provide a short narrative description:
The project intends to provide safe transportation routes for students at the existing school. Additional
development is not anticipated to occur as a result.
3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR
policy. (Attach .pdf)
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? * ❑ Yes ❑x No ❑ N/A
Page 18 of 21 PCN Form Version 4.3- April 20, 2022

4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater
generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity
available at that plant.
Click to enter.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected
0 Yes ❑ No
species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl)
5b. Have you checked with the USFWS concerning Endangered Species
® Yes ❑ No
Act impacts? *
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another federal agency involved? *
❑ Yes 0 No ❑ Unknown
If yes, which federal agency?
Click to enter.
5e. Is this a DOT project located within Divisions 1-8? *
❑ Yes 0 No
5f. Will you cut any trees in order to conduct the work in waters of the
U.S.? *
®Yes El No
5g. Does this project involve bridge maintenance or removal? *
❑ Yes 0 No
5g1. If yes, have you inspected the bridge for signs of bat use such as
staining, guano, bats, etc.? Representative photos of signs of bat use
❑ Yes ❑ No
can be found in the NLEB SLOPES, Appendix F, pages 3-7.
Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to
NLEB SLOPES document: http://saw-reg.usace.army.miI/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf
If you answered yes to 5g1, did you discover any signs of bat use? *
❑ Yes ❑ No ❑ Unknown
If yes, please show the location of the bridge on the permit drawings/ project plans
5h. Does this project involve the construction/ installation of a wind
turbine(s)? *
El Yes 0 No
If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf)
5i. Does this project involve blasting and /or other percussive activities
that will be conducted by machines, such as jackhammers,
❑ Yes 0 No
mechanized pile drivers, etc.? *
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this
activity on the property (attach .pdf)
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated
Critical Habitat? *
The NC Natural Heritage Program online data explorer (https://www.ncnhp.org/data) and US Fish and Wildlife
Service Information for Planning and Consultation (IPaC) report. No critical habitat was identified within the site
and no element occurrences of protected species have been observed within the site or within one mile of the
site. A self -certification package was submitted to the USFWS on 12/16/2022 concluding that the project would
have no effect on protected species. The USFWS did not respond within the 30 day response window, signifying
their agreement with the content of the package.
Attach consultation documentation.
Page 19 of 21 PCN Form Version 4.3- April 20, 2022

6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as
an Essential Fish Habitat? *
❑ Yes ❑x No
Is there submerged aquatic vegetation (SAV) around
the project vicinity? *
El Yes No El Unknown
Will this project affect submerged aquatic vegetation? *
❑ Yes ❑x No ❑ Unknown
Explain: Click to enter.
6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat?
The USFWS IPaC report and the National Marine Fisheries Service Essential Fish Habitat Mapper
(https://www.habitat.noaa.gov/protection/efh/efhmapper/)
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data):
http://gis.ncdcr.gov/hpoweb/
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural
El Yes ❑x No
preservation status (e.g., National Historic Trust designation or
properties significant in North Carolina history and archaeology)?
7b. What data source(s) did you use to determine whether your site would impact historic or archeological
resources? *
Consultation with the NC State Historic Preservation Office (SHPO). The NC SHPO responded to our inquiries in
a letter dated January 26, 2023 that they have completed a review of the site and are aware of no historic
resources which would be affected by the project. Therefore, the NC SHPO had no comment on the project.
7c. Attach historic or prehistoric documentation.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
❑ Yes ❑x No
8b. If yes, explain how the project meets FEMA requirements.
Click to enter.
8c. What source(s) did you use to make the floodplain determination?
The project engineer and the FEMA firm map 3720074200J, dated May 2, 2006. The FEMA firmette is attached.
H. Miscellaneous
Comments:
Click to enter.
Attach pertinent documentation or attachments not previously requested
Page 20 of 21 PCN Form Version 4.3- April 20, 2022

I. Signature *
❑ By checking the box and signing below, I, as the project proponent, certify to the following:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to
the best of my knowledge and belief;
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time;
• The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter
66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66,
Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby understands that an electronic signature has the same legal effect and can be
enforced in the same way as a written signature; AND
• As the project proponent, I intend to electronically sign and submit the PCN/online form.
Full Name: * Click to enter.
Signature: * Click to enter.
Date: * Click to enter.
Page 21 of 21 PCN Form Version 4.3- April 20, 2022

IMPACT EXHIBIT

BAKER, GREGORY S BAKER, KAREN J
0742217885 Am
401 IVY GLEN DR
AlL
- . lI 22 Sq. YDS FILTER FABRIC DI S PATOR PAD �
11 TONS CLASS I RIP RAP
f
ZONE � .. f i
GILBERT, JUDITH P NIMMO, ELLEN J
0742217693
404 W CHATHAM ST DISSIPATOR PAD
57 TONS CLASS I RIP RAP
k' ti0
4' J a• �
k
450
445
440
435
430
4� ENNIS, SCOTT L '
0742218865
500 SAUNDERS ST
/ZONE 1 ZOO
450 DS(12)
a
449'9'
J� ! 448 _ 1
VANDERHOFF, MARK J A
0742219700
501 SAUNDERS ST
0
yi:
r - \/��. .'4e •hy,_:y �-vim .. �r - .
_ �-_ -. ,•�.c,�;; .tip
INLET SCOUR PAD
4 TONS CLASS I RIP RAP
HILT, GREGORY S HILT, CHRISTINE L
HILT, GREGORY S 0742310884 -
HILT, CHRISTINE L 0 SAUNDERS ST
0742310925
0 SAUNDERS�C
mz
� 4
�( O
O
0
I O
co
_r..
MARTIN, RALPH HAMILTON JR
DISSIPATOR PADn"'oaQn
` 40 TONS CLASS I RIP RAP
CONCRETE HEADWALL
w/WINGWALL
CONCRETE HEADWALL
w/WINGWALL
Rao- N
CLASS I RIP
LASS I RIP RAP 1@72" CMP 12" EMBEDMENT
12" EMBEDMENT @1.7% SLOPE
RAP 2@85'x49"x33"
CM PIPE ARCH
@1.6% SLOPE
450
445
440
435
CLASS I RIP RAP
12" EMBEDMENT
430
425
0+00 0+50 1+00 1+50 1+84
0 10 20
Feet
s }
RUCKERT, ANDREW RUCKERT, DAWN
0742311863
311 SAUNDERS ST
•` COPE, CHARLES V COPE, SUSAN M
0742311505
306 W CHATHAM ST
IMPACT SUMMARY
IMPACT
AREA
LENGTH
WIDTH
STREAM
PERMANENT
617 SF
0.014 AC
90 FT
10 FT
PERMANENT, NO LOSS
744 SF
0.017 AC
60 Ft
15 FT
ZONE 1 BUFFER
PERMANENT
31698 SF
0.085 AC
--
--
TEMPORARY
31332 SF
0.076 AC
ZONE 2 BUFFER
PERMANENT
465 SF
0.011 AC
TEMPORARY
666 SF
0.015 AC
--
--
7
SAYERS, MICHAEL A SA\ ERS, F
0742312628
LEGEND
ZONE 1 IMPACT, PERMANENT
ZONE 1 IMPACT, TEMPORARY
ZONE 2 IMPACT, PERMANENT
ZONE 2 IMPACT, TEMPORARY
STREAM IMPACT, PERMANENT
STREAM IMPACT, PERMANENT, NO LOSS _
6/5/2023 2:24:35 PM

AGENT AUTHORIZATION

Proposal for Culvert Wingwall Design and Environmental Permitting
Saunders & Hinton Sidewalk
Saunders St & Hinton St, Apex, NC 27511
S&ME Proposal No. 211754A
AGENT AUTHORIZATION FORM
Date: 3-7-2023
P
�oject Information
S&ME Project Name: Saunders/Hinton Sidewalk improvements
Type of Project: Transportation
Location: Saunders and Hinton Streets, Apex, NC
Pperty uwner/Kep information
Owner Name: Adam Stephenson, Transportation Engineering Manager Town of Apex
Mailing Address: PO Box 250
City, State, Zip Code: Apex, NC 27502
Telephone No. / Email: 919-249-3417/[e-mail]
Contact:
►sent Information
Business Name: S&ME, Inc.
Street Address: 3201 Spring Forest Road
City, State, Zip: Raleigh, NC 27616
Telephone No. 919-872-2660
Contact: Walter Cole, LSS / Ashley Bentz, PWS
Authorization: I,
Adam Stephenson hereby authorize S&ME, Inc. to
submit information to and coordinate with the US Army Corps of Engineers
(USACE) and/or the NC Division of Environmental Quality (NCDEQ) and other
relevant Federal/State/Local agencies pursuant to obtaining necessary
environmental permits for the project referenced above. If applicable, this also
authorizes the USACE/NCDEQ to access the proposed easement for the
purposes of conducting site assessment/confirming the accuracy of delineated
boundaries, provided that prior notification is given.
Digitally signed by Adam Stephenson
Date: 2023.03.07 16:58:51-05'00'
Signature:

T&E SELF CERTIFICATION SUBMITTAL REPORT

United States Department of the
Project Name
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:12/16/2022
Self -Certification Letter
Saunders and Hinton Streets Sidewalk Project
Dear Applicant:
FL1M&WI.i UFE
s uVICs
Interior
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
"no effect" determinations for proposed/listed species and/or
❑✓ proposed/designated critical habitat; and/or
❑ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑✓ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
❑✓ "no Eagle Act permit required" determinations for eagles.

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

Species Conclusions Table
Project Name: Saunders and Hinton Streets Sidewalk Project
Date: 12/16/2022
Species / Resource Name
Conclusion
ESA Section 7 I Eagle Act Determination
Notes / Documentation
Bald Eagle
Unlikely to disturb nesting
No Effect
Action area not within 600 feet of a bald
Haliaeetus leucocephalus
bald eagles
eagle nest as identified by NCNHP report
and site is more than one mile away from a
No critical habitat present
large body of water capable of providing an
adequate food source. No eagles or nests
were observed during site visit.
Northern long eared bat
Suitable habitat present
May affect
Habitat in the form of mature trees is
Myotis septentrionalis
present. In the event that any tree removal
No critical habitat present
is required, the project will be relying on
4(d) rule for this species.
Red cockaded woodpecker
Suitable habitat not present
No effect
No stands of mature pine suitable for the
Picoides borealis
NLEB are present on site.
No critical habitat present
Atlantic pigtoe
Suitable habitat not present
No effect
Stream being impacted has a silt -clay
Fusconaia masoni
substrate and appears to be impacted by
No critical habitat present
siltation from surrounding development.
Michaux's sumac
Suitable habitat not present
No effect
Potential habitat in the form of roadside
Rhus michauxii
habitat is present. However, these areas
No critical habitat present
are either manicured and landscaped lawns
or are shady and dominated by invasive
species which are smothering existing
understory species.
Monarch butterfly
Suitable habitat not present
No Effect
No milkweed was identified on site.
Danaus plexippus
No critical habitat present
Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an
informed decision about impacts in the immediate and surrounding areas.
15,
Signature /Title v u Date
12/16/2022

December 16, 2022
United States Department of the Interior
Fish and Wildlife Service — Raleigh Field Office
PO Box 33726
Raleigh, North Carolina 27636
Reference: Protected Species Assessment
Saunders Street and Hinton Street Sidewalk Project
Apex, Wake County, North Carolina
S&ME Project No. 211754A
S&ME, Inc (S&ME) is conducting a protected species assessment on behalf of the Town of Apex on a proposed
sidewalk development located along Saunders Street and Hinton Streets in Apex, Wake County, North Carolina.
The information contained herein was prepared as part of an evaluation of potential impacts to migratory birds,
threatened, endangered, and proposed species, and critical habitat.
SITE DESCRIPTION
The site is located along the western side of Hinton Street between Hunter Street and Saunders Street and the
southern side of Saunders Street from West Chatham Street and 205 Saunders Street. The location of the site is
depicted on the attached Vicinity Map (Figure 1), United States Geological Service (USGS) Topographic Map
(Figure 2), and the Site Map (Figure 3).
A site visit was conducted on December 8, 2022, by S&ME natural resources personnel. Along Hinton Street, the
site was located within maintained and landscaped residential yards with common landscaping grasses and
shrubs. Saunders Street contained several less -developed areas west of its intersection with Hinton Street. Along
Saunders Street, the area was dominated by Chinese wisteria (Wisteria sinensis) which has outcompeted most
native species in the understory. Overstory species included several oak species including white oak (Quercus
alba), southern red oak (Q. falcata), and northern red oak (Q. rubra), sweetgum (Liquidambar styraciflua), tulip
poplar (Liriodendron tulipifera), red maple (Acer rubrum), and loblolly pine (Pinus toeda). The remainder of the
project site along Saunders Street is located within maintained and landscaped residential yards dominated by
landscaped grasses and shrubs. Photos of these various habitats are included in the attached photo log.
MIGRATORY BIRDS
The following migratory bird information is intended to identify site area land uses that may be related to
potential impacts to migratory birds. The information is based on map/photograph review.
The USGS quadrangle map and a 2021 aerial photograph (obtained from NC Onemap), and May 2022 Google
Earth imagery were reviewed to determine the general land uses within a one -mile radius of the Site location. The
surrounding land use within the one -mile search radius is primarily residential with some institutional and
commercial areas. Beaver Creek, Williams Creek, Swift Creek, Middle Creek, Big Branch, White Oak Creek, and their
S&ME, Inc. 13201 Spring Forest Road I Raleigh, NC 276161 p 919.872.2660 1 www.smeinc.com

a
Protected Species Assessment
r
s Saunders Street and Hinton Street Sidewalk Project
Awm�• Apex, Wake County, North Carolina
S&ME Project No. 211754A
unnamed tributaries are located within one mile of the project site. In addition to these, there are also
approximately 15 ponds that could be conducive to migratory bird concentrations.
Protected Species
Information pertaining to protected species was obtained on December 14, 2022, from the NCNHP website
(http://portal.ncdenr.orcl). S&ME initiated a one -mile radius search through the NCNHP GIS mapping website
using the proposed site boundaries. The automated report generated by the NCNHP did not identify any
protected species within the site boundary and two Element Occurrences within the one -mile search radius.
Neither of these Element Occurrences are federally protected.
S&ME also initiated a Trust Resources review through the IPaC website on December 15, 2022. The review
identified the following federally listed species for Wake County:
Table 1 Federally Protected Species Summary
Scientific Name
Haliaeetus leucocephalus
Common Name
Bald eagle
'I.
BGPA
Myotis septentrionalis
Northern long-eared bat
T
Picoides borealis
Red -cockaded woodpecker
E
Perimyotis subflavus
Tricolored bat
P (E)
Fusconaia masoni
Atlantic pigtoe
T
Rhus michauxii
Michuax's sumac
E
Danaus plexippus
Monarch butterfly
C
BGPA — Bald and Golden Eagle Protection Act, T — Threatened, E — Endangered, P — Proposed, C - Candidate
Bald Eagle
Status: Bald and Golden Eagle Protection Act
Biological Determination: No Effect
The bald eagle prefers to nest in large mature trees within half a mile of coastlines, rivers, or large lakes which
provide adequate feeding grounds. They generally prefer nesting sites away from human activity. The nearest
large water body is more than one mile from the Site. While there are mature trees on site that could provide
suitable nesting habitat, the Site is unlikely to support a bald eagle due to a lack of suitable food source. In
addition, no individuals or nests were observed on site and no known individuals were identified within one mile
by the NCNHP. Therefore, the project will have no effect on the bald eagle.
December 16, 2022

Protected Species Assessment
s Saunders Street and Hinton Street Sidewalk Project
s Apex, Wake County, North Carolina
.. S&ME Project No. 211754A
Northern Long -Eared Bat
Status: Federally -Listed Endangered
Biological Determination: May affect, likely to adversely affect
The northern long-eared bat hibernates during the winter in caves or mines. During the fall, these bats surround
the woodlands where they hibernate and during the summer months, the northern long-eared bat roosts
underneath bark or in the cavities and crevices of dead or live trees. They can also roost in caves or mines. The
project is not located within 1/4-mile of a known hibernation site or within a 150-foot radius of a known, occupied
maternity roost during the pup season (June 1 — July 31), and the site is located entirely outside of counties
identified by the Raleigh Field Office as containing confirmed hibernation and maternity roost sites. Therefore, the
project is considered exempt from incidental take under the final Section 4(d) of the Endangered Species
Act [4(d) rule] for this species (effective February 16, 2016). No bats have been identified within the site or its
vicinity per the NC Natural Heritage Program or USFWS, and the northern long-eared bat is not identified as a
species that may be present within the site. The site was recently logged and does contains no mature trees that
would provide suitable habitat for the Northern long-eared bat. However, if any tree removal or incidental take
does occur, incidental take, though unlikely to occur, is permissible.
Red -cockaded Woodpecker
Status: Federally -Listed Endangered
Biological Determination: No Effect
Red -cockaded woodpeckers require open mature forests of pine, generally approximately 60-120 years old for
roosting. These birds need large, live older pines in which they can excavate their nesting cavities. Long leaf pines
are preferred, but other species of pine can also be acceptable. Dense stands or stands with dense understories
are avoided. The red -cockaded woodpecker forages in pine and pine hardwood stands 30 years old or older,
preferring stands with pine trees 10 inches or larger in diameter. Clusters of cavity trees can include one or more
cavity trees with an average of 10 cavities on 3-60 acres. Sufficient foraging habitat can be provided on 80-125
acres. It is threatened by hardwood midstory encroachment and a lack of suitable mature trees for nesting.
Suitable habitat for red -cockaded woodpecker was not observed in the project site. Based on our pedestrian field
review, it is not anticipated that this project will affect populations of this species.
Tricolor bat
Status: Federally -Proposed Endangered
Biological Determination: No effect
The tricolored bat is found in caves and mines during the winter, although in the southern US tricolored bats are
often roosting in road -associated culverts. During the spring, summer, and fall, tricolored bats are found in
forested habitats where they can roost in trees, primarily within the leaves of live or recently dead deciduous
hardwood trees. Artificial roosts may include barns, the underside of porch roofs, bridges, concrete bunkers, or
December 16, 2022

Protected Species Assessment
Saunders Street and Hinton Street Sidewalk Project
Apex, Wake County, North Carolina
S&ME Project No. 211754A
culverts. Female tricolor bats have high levels of fidelity to their summer roosting locations. Females also
commonly form maternity colonies and switch roost trees regularly while males roost singly.
This project will include the removal of deciduous trees and the extension of a roadside culvert. Therefore, the
project may effect the tricolor bat. The bat is currently listed as proposed. No critical habitat has been designated
for this species and as a propsed species, the tricolor bat is not currently subject to protection under the
Endangered Species Act. In the event that the tricolor bat becomes listed as endangered under the Endangered
Species Act before the project is initiated, a survey or other mitigation efforts should be conducted if
recommended by the USFWS.
Atlantic Pigtoe
Status: Federally- Threatened
Biological Determination: No effect
The Atlantic pigtoe has a rhombus shaped outer shell which is yellow to dark brown in color with a parchment -like
texture. The inner shell is iridescent blue to salmon, white, or orange. This species rarely exceeds two inches in
length. Young individuals have greenish rays across the shell. This species is also known for interlocking hinge -like
teeth on the inside of the shell to keep the valves in proper alignment. The Atlantic pigtoe prefers coarse gravel
and sand substrate and is rarely found in silt or detritus. Historically, this species was identified in small creeks to
larger rivers with excellent water quality with flows sufficient to maintain clean, silt -free substrates. The stream
within the project area has a silty -clay substrate and appears to be subject to siltation from nearby development,
resulting in lack of suitable habitat. Therefore, the project will have no effect on the Atlantic pigtoe.
Michaux's Sumac
Status: Federally -Listed Endangered
Biological Determination: No effect
Michaux's sumac grows in sandy or rocky open woods in association with basic soils, surviving best in areas where
some form of disturbance has provided an open area. In North Carolina, observed populations have been
identified on highway rights -of -way, roadsides, or on the edges of artificially maintained clearings. The roadside
along Hinton Street consisted of maintained residential yards, which does not provide suitable habitat. Along
Saunders Street, dense vegetation and an overstory overhanging the roadside result in lack of suitable habitat and
no individuals of Michaux's sumac were identified during field reconnaissance or within one mile of the site by the
NCNHP. Due to a lack of suitable habitat, no impacts to Michaux's sumac are anticipated as a result of this project.
Monarch Butterfly
Status: Federally Listed Candidate
Biological Determination: No effect
The Monarch butterfly is under consideration for official listing for which there is sufficient information to support
listing (candidate listing). There are generally no section 7 requirements for candidate species. Adult monarch
December 16, 2022 4

III Er�_"
Protected Species Assessment
Saunders Street and Hinton Street Sidewalk Project
Apex, Wake County, North Carolina
S&ME Project No. 211754A
butterflies are large and conspicuous, with bright orange wings surrounded by a black border and covered with
black veins. The black border has a double row of white spots, present on the upper side of the wings. Adult
monarchs are sexually dimorphic, with males having narrower wing venation and scent patches. The bright
coloring of a monarch serves as a warning to predators that eating them can be toxic. During the breeding
season, monarchs lay their eggs on their obligate milkweed host plant (primarily Asclepias spp.) and the larvae
feed on milkweed. Milkweed species are commonly found in open areas such as meadows, old fields, woodland
edges, roadsides, utility lines, and other open areas. No species of milkweed were identified during the site
reconnaissance and no open areas that are not maintained residential yards.
No critical habitat has been designated for this species and as a candidate species, the monarch butterfly is not
currently subject to protection under the Endangered Species Act. In the event that the monarch butterfly
becomes listed as endangered or threatened under the Endangered Species Act before the project is initiated, a
survey should be conducted if recommended by the USFWS
Conclusions
Based on a review of available resources including a site visit, we do not believe that suitable habitat for federally
protected species is present on site or within the limit of disturbance. If the tricolored bat or monarch butterfly are
listed before the initiation of construction, additional consultation may be required. The project is relying upon the
final Section 4(d) of the Endangered Species Act [4(d) rule] for the northern long-eared bat. No adverse impacts
are anticipated to the remaining protected species as a result of this project.
Sincerely,
S&ME, Inc.
Ashley Bentz, PWS
Staff Scientist
Appendix I: Figures and Site Photographs
Figure 1: Vicinity Exhibit
Figure 2: USGS Topographic Exhibit
Figure 3: Site Exhibit
Site Photographs
Walter Cole, REHS, LSS
Senior Project Manager
Appendix II: Protected Species Documentation
North Carolina Natural Heritage Program Database Query Reports
United States Fish and Wildlife Service IPaC Resource Report
December 16, 2022

4 g ai um C h u"h ?Ed
N
.M1
o �a
0e
?p P[neda,a
5�5t Fiamhin i�
9l
a
�J -- _ _ Larahne LP ra
5..,.••r. Anora 6r
IA Aar kv ❑i
uhy KPv�� ` 5q s],arti tiv f� Qo'nna Ln
�v "u g 3' a y'ny7wuu yak.
Or
N se ie
N , tiadd°n nan a.' BAfrer,, '+� • °
Rea sarrr v NeM'in Qiory w� r ! u
Cnlmr
lan ❑r �¢
h'e]� C n .Qr o���
"I Tax wd° � ; � r!n l7V Hr Li51 'Ile
Qs
a a 'r�W]+µ H a O AParhn t,+
Cash Sr 4eY Oak !
o = r k HAI Pr y ,p
P Q �!. cy6 to L%p .Ill Wqy �.
Olrur r:haAvJ
Na � yay
> tl JV v i 6 u Nnilh $!
H
z x
Cp°s i,sg o 1Jew Hover Rd s G
i Asa p tt" r Si µ w o }r+rarer a� id9r
'011 �. �P !rl V L' vT Apr .. pld lya Ps FV
o r.
Y 4�r J)aigmw.� u 'e Bryan ar nayr �. arras S rn
•110 A v w ' r' Srr h y w�rr to e
a 4Xoon qu a. r � � p s
Wn,l[Lyo O erepalOrye r G r �[a
w atpa5,' `fi f- F'arx K, F 4lkerr �J y Ra,rtess'lr.W Ln
ay 3 ra Ma¢. cnarn Sr �nnl.r S, cl'rr e
ZValor. �, Q�{J!h Hd1sa .)a S! %
Yfir 90� c �Orrc �•".r E� Q3J`6 aGrir+e,
3 �a erne br aBccao,, ,q� (j,"hs kr 5r d5r g
w j hm,s Ln ° �' "s� qq f p rsr7 -- s B+•d
a ^ 4 A ��l r° M�°NJ,rq �e ih'aV r� '. G ,Sr a GPaMc5 ny 3: a7
? a o Q*
'nesa NuJ Las �• 5 F Samcs st yr ����
N � 5�4
xi
eonr Y N b
Q ,ice Spa��6 Oat m e s w Y yyP4
'i - 0° IJrq Sr
Q� Ya;li EY V ' rn• Carf� a �a, LO or
V 8
0 0 2,000 4,000 - a
❑J,�x P�akwav o Farms
P .(FEET) 6 Apn.n N
caAwa
.o G � ao-a•. rT E .
zREFERENCE: 4F
GIS BASE LAYERS WERE OBTAINED FROM THE ESRI STREET MAP VIEWER. THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE
o APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED
OTHERWISE.,-Approx. Sidewalk Location
0
SCALE: FIGURE NO.
VICINITY EXHIBIT 1 " = 2,000 '
DATE:
I I� SAUNDERS STREET AND HINTON STREET SIDEWALK 12-14-22 1
SAUNDERS STREET FROM W CHATHAM STREET TO 205 SAUNDERS STREET PROJECT NUMBER
APEX, WAKE COUNTY, NORTH CAROLINA 211754A

� 4 '
TIP
TWA
Am
Yam• ewK' M
' �. `" • � n� s` �".''� �. J _ plc sr �:- '�F 1 _
r w 7
Y • ^1 . [ � � ems. _ � .. .� `�I� �p ! �.
�.•,�� d
Im
REFERENCE:
y�.
GIS BASE
YERS
LAYER. THIS MAP IS WERE
O •• • ••• ONLY.
DISPLAYED '. .. • . • • • •INFORMATION,
• UNLESS STATED O• `
-Approx. Sidewalk• •

IF.
pr
_
ti�
°• a . - ak

�aN
ri
Grits
Representative view of southern side of Saunders Street east of
intersection with Hinton Street.
�, ��..� � � -,•- '�'�
,a-, air ? --'• ,
p' ice'
�t �•a
�
jyG
jar
4.
Representative view of stream at intersection of Saunders and
Hinton Streets where culvert will be extended (outfall).
0 Site Photographs S&ME Project No. 211754A
III _ Saunders and Hinton Streets Sidewalk Project Taken by: W. Cole Date Taken: 12/8/2022
Apex, Wake County, North Carolina

Appendix I

Appendix II

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: December 15, 2022
Project Code: 2023-0025736
Project Name: Saunders and Hinton Streets Sidewalk Project
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

12/15/2022
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.govibirds/policies-and-regulations/
executive-orders/e0-13186.php.

12/15/2022
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

12/15/2022
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

12/15/2022
2
Project Summary
Project Code: 2023-0025736
Project Name: Saunders and Hinton Streets Sidewalk Project
Project Type: Easement / Right -of -Way
Project Description: proposed sidewalk construction
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/(a)35.7330894,-78,85754584349999,14z
Counties: Wake County, North Carolina

12/15/2022 3
Endangered Species Act Species
There is a total of 5 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
Fisheries1, 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.
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 sub flavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
Birds
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
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
Insects
NAME
STATUS
Monarch Butterfly Danaus plexippus
Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743

12/15/2022
4
Flowering Plants
NAME
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
STATUS
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

12/15/2022
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
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 Treaty 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 t0 Oct 10
and Alaska.
htWs:Hecos.fws.gov/ecp/species/9399

12/15/2022
2
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.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
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 Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
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.

12/15/2022
3
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
(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 Ea
Non-BCCe 00IN IN 1111 +++0 111111111111 IN
Vulnerable
Black -billed Cuckoo T TTT T T
BCC Rangewide
(CON)
Chimney Swift +� I� 4 I t+ I I I 0001 W I I M "0' P+M moll IIN ++++ T+TT
BCC Rangewide t t ttt TTT 1
(CON)
Eastern Whip -Poor -
will tt ++ I I TT
I+ I I I Jill +++ ++++ ++++ T+++ ++++ T+TT
tt tt tt ��-T
BCC Rangewide
(CON)

12/15/2022 4
Prairie
(CON)CRanghler
BCC Rangewide ++++ T+ TT�+ i*3 C: Mi +++0 ++++ ++0+ ++++ ++++
Prothonotary ++++ ++++ ++++ ++++ ++++++++ ++++ ++++ ++++ ++++ Warbler
BCC Rangewide
(CON)
Red-headed yy yy
Woodpecker i,i, ;T;i +;;+i++ *w +000 +++yy
BCC Rangewide
(CON) yyyy yy++++ ll
Wood Thrush ++++ ++++ ++++ +��fT +TTT d„; PR RR +++, T+++ ++++ ++++ 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
BCC 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

12/15/2022 5
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.
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

12/15/2022
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
Modelinu and Predictive MaDDinp- of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
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.

12/15/2022
IPaC User Contact Information
Agency: S&ME, Inc.
Name: Ashley Bentz
Address: 3201 Spring Forest Road
City: Raleigh
State: NC
Zip: 27616
Email [e-mail]
Phone: [phone]

Roy Cooper, (_3QVerDOr
11■ ■■ -W INC DEPARTMENT OF
a In
■■ ■■ NATURAL AND CULTURAL RESOURCES
■ ■31■
December 14, 2022
Ashley Bentz
S&ME, Inc.
3201 Spring Forest Road
Raleigh, NC 27616
RE: Saunders/Hinton Street Sidewalk Project
Dear Ashley Bentz:
1). Reid Wilson, Secretary
M1sty Buchanan
Deputy Dire{t4r, Natural Heritage Program
NCNHDE-20282
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod nev.butler(o)ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTfAENT OF NATURAL AND CULTURAL RESOURCES
121 W. JQNI<S STREET. RALCIG11_ NC 27603 • JGS1 MAIL SERVICE CENTER RALEIGH. NC 2769a
OFC 919.707.9120 • r-" iii.'fCr7-qui

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Saunders/Hinton Street Sidewalk Project
December 14, 2022
NCNHDE-20282
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name ast Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank
Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very --- Significantly G5 S2?
Damselfly Low Rare
Reptile 39358 Ophisaurus attenuatus Eastern Slender Glass 1964-09-14 H 4-Low --- Special G5T5 Sl
longicaudus Lizard Concern
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name
Owner
Owner Type MIM
Town of Apex Greenway
Town of Apex
Local Government
Town of Apex Greenway -
Hadden Hall Greenway
Town of Apex
Local Government
Town of Apex Open Space
Town of Apex
Local Government
Town of Apex Open Space
Town of Apex
Local Government
Town of Apex Open Space
- Clairmont Park
Town of Apex
Local Government
Town of Apex Open Space
- Hunter Street Park
Town of Apex
Local Government
Town of Apex Open Space
- Jaycee Park
Town of Apex
Local Government
Town of Apex Open Space
- Jones Park
Town of Apex
Local Government
Town of Apex Open Space
- West Street Park
Town of Apex
Local Government
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on December 14, 2022; source: NCNHP, Q3, October 2022.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

leaver Creek
Cr os-si rigs
N
W+E
S
NCNHDE-20282: Saunders/Hinton Street Sidewalk Project
Beaver Creek
Commons
beo"".
�4
'Pq
Chapel RO
1 10
429R
Apek 8ar6"O'
Rrr
December 14, 2022
! Y; Managed Area (MAREA)
Buffered Project Boundary
Project Boundary
01 ll
hby Knoof
Q
:H!dorn Hdll rr way sae 5
0 I¢ tia
u1 4A7 ff
Pcak'NaY �� �b
PPex � o, xc
fit. O�
d
ro
hr
µUnLe[ Si
Eryan pr
Cull, ce",r
E Ph Sr -Tr jr
Crydrha
55 m Sr
L��oOr Dr�GF
r e Sr Sr
Yrycl Sr
N �
7
mro
fames St —
N � ?
5ahem St G a
7
N 0 Jch,a 0.55
r
Apancp'n
,11 1.1 Miles
I r I
Sources- Esri. Airbus OS, U$GS. N(�A, NASA. CGIAR. N Robinson, NCEAS,
NLS. OS, NW '
W, eo Gdatastyre,en, Rgks"a ersfaat. GSA. Georand FEMA.
Inlermap and the GIS uear community
Sources; Esn, HERE, Gamin. FAO, NW+h USC+S. ® OpenSile heap
cmtrtvW s, and 1he GI User Cymmunily
Page 3 of 3

SHPO SCOPING RESPONSE

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
January 26, 2023
Ashley Bentz, PWS
S&ME
3201 Spring Forest Road
Raleigh, NC 27616
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
abentz&smeinc. com
Re: Construct sidewalks, Saunders Street and Hinton Street, Apex, Wake County, ER 23-0033
Dear Ms. Bentz:
Thank you for your letter of December 16, 2022, regarding the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.review&ncdcr�. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

FEMA FIRMETTE

National Flood Hazard Layer FIRMette .., FEMA
Legend
78o51'38"W 35o44'19"N
I - 1.V,000
0 250 500 1,000 1,500 2,000
Basemap: USGS National Map: Orthoimagery. Data refreshed October, 2020
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
Without Base Flood Elevation (BFE)
Zone A, V, A99
SPECIAL FLOOD With BFE or Depth Zone AE, AO, AH, VE, AR
HAZARD AREAS Regulatory Floodway
0.2%Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mile zone x
_Future Conditions 1% Annual
Chance Flood Hazard zonex
Area with Reduced Flood Risk due to
OTHER AREAS OF Levee. See Notes. zone x
FLOOD HAZARD ��� Area with Flood Risk due to Leveezone D
NO SCREEN Area of Minimal Flood Hazard zonex
Q Effective LOMRs
OTHER AREAS Area of Undetermined Flood Hazard zone
GENERAL -- - - Channel, Culvert, or Storm Sewer
STRUCTURES IIIIIII Levee, Dike, or Floodwall
cl Cross Sections with 1% Annual Chance
17•5 Water Surface Elevation
a - - - Coastal Transect
^-^^-5n— Base Flood Elevation Line (BFE)
Limit of Study
Jurisdiction Boundary
— --- Coastal Transect Baseline
OTHER
_ Profile Baseline
FEATURES
Hydrographic Feature
Digital Data Available N
No Digital Data Available
MAP PANELS
Unmapped
YThe
pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 4/14/2023 at 1:14 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.