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HomeMy WebLinkAbout20201964 Ver 4_Apollo 55 PCN 2nd2023-07-19_20230725FLOOD PLAIN MAP FINDINGS Map ID Direction Distance Distance (ft.) Description Database 22 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 2787 Sub Type: 1 IPCT FUTURE CONDITIONS 23 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 2839 Sub Type: 1 IPCT FUTURE CONDITIONS 24 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 2877 Sub Type: 1 PCT FUTURE CONDITIONS 25 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 2890 Sub Type: 1 PCT FUTURE CONDITIONS 26 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3095 Sub Type: 1 IPCT FUTURE CONDITIONS 27 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3101 Sub Type: 1 PCT FUTURE CONDITIONS 28 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3122 Sub Type: 1 PCT FUTURE CONDITIONS 29 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3160 Sub Type: 1 IPCT FUTURE CONDITIONS TC5819125.8s Page 42 of 70 FLOOD PLAIN MAP FINDINGS Map ID Direction Distance Distance (ft.) Description Database 30 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3173 Sub Type: 1 IPCT FUTURE CONDITIONS 31 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3187 Sub Type: 1 IPCT FUTURE CONDITIONS 32 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3193 Sub Type: 1 PCT FUTURE CONDITIONS 33 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3199 Sub Type: 1 PCT FUTURE CONDITIONS 34 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3239 Sub Type: 1 IPCT FUTURE CONDITIONS 35 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3289 Sub Type: 1 PCT FUTURE CONDITIONS 36 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3349 Sub Type: 1 PCT FUTURE CONDITIONS 37 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3387 Sub Type: 1 IPCT FUTURE CONDITIONS TC5819125.8s Page 43 of 70 FLOOD PLAIN MAP FINDINGS Map ID Direction Distance Distance (ft.) Description Database 38 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3452 Sub Type: 1 IPCT FUTURE CONDITIONS 39 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3459 Sub Type: 1 IPCT FUTURE CONDITIONS 40 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3499 Sub Type: 1 PCT FUTURE CONDITIONS 41 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3562 Sub Type: 1 PCT FUTURE CONDITIONS 42 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3794 Sub Type: 1 IPCT FUTURE CONDITIONS 43 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3827 Sub Type: 1 PCT FUTURE CONDITIONS 44 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: AE 3831 Sub Type: Not Reported 45 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: AE 3847 Sub Type: Not Reported TC5819125.8s Page 44 of 70 FLOOD PLAIN MAP FINDINGS Map ID Direction Distance Distance (ft.) Description Database 46 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: AE 3853 Sub Type: Not Reported 47 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3857 Sub Type: 1 IPCT FUTURE CONDITIONS 48 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3859 Sub Type: 1 PCT FUTURE CONDITIONS 49 Special Flood Hazard Area: Yes FLOODIPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3920 Sub Type: 1 PCT FUTURE CONDITIONS 50 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 3946 Sub Type: 1 IPCT FUTURE CONDITIONS 51 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: AE 3953 Sub Type: Not Reported 52 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 4023 Sub Type: 1 PCT FUTURE CONDITIONS 53 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 4025 Sub Type: 1 IPCT FUTURE CONDITIONS TC5819125.8s Page 45 of 70 FLOOD PLAIN MAP FINDINGS Map ID Direction Distance Distance (ft.) Description Database 54 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 4352 Sub Type: 1 PCT FUTURE CONDITIONS 55 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: AE 4360 Sub Type: Not Reported 56 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 4546 Sub Type: 1 PCT FUTURE CONDITIONS 57 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 4552 Sub Type: 1 PCT FUTURE CONDITIONS 58 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: AE 4620 Sub Type: Not Reported 59 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: AE 4752 Sub Type: Not Reported 60 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 4809 Sub Type: 1 PCT FUTURE CONDITIONS 61 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 4813 Sub Type: 1 IPCT FUTURE CONDITIONS TC5819125.8s Page 46 of 70 FLOOD PLAIN MAP FINDINGS Map ID Direction Distance Distance (ft.) Description Database 62 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: AE 4813 Sub Type: Not Reported 63 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: x 4835 Sub Type: 1 IPCT FUTURE CONDITIONS 64 Special Flood Hazard Area: No FLOODPLAIN Sw Flood Hazard Area: 0.2% Annual Chance Flood Hazard 1/2-1 mi Flood Zone: x 4977 Sub Type: 0.2 IPCT ANNUAL CHANCE FLOOD HAZARD 65 Special Flood Hazard Area: Yes FLOODPLAIN Sw Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: AE 5018 Sub Type: Not Reported 66 Special Flood Hazard Area: Yes FLOODPLAIN West Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: AE 5023 Sub Type: Not Reported 67 Special Flood Hazard Area: No FLOODPLAIN Sw Flood Hazard Area: 0.2% Annual Chance Flood Hazard 1/2-1 mi Flood Zone: x 5251 Sub Type: 0.2 IPCT ANNUAL CHANCE FLOOD HAZARD 68 Special Flood Hazard Area: No FLOODPLAIN Sw Flood Hazard Area: 0.2% Annual Chance Flood Hazard 1/2-1 mi Flood Zone: x 5250 Sub Type: 0.2 IPCT ANNUAL CHANCE FLOOD HAZARD 69 Special Flood Hazard Area: Yes FLOODPLAIN Sw Flood Hazard Area: Special Flood Hazard Area (1%) 1/2-1 mi Flood Zone: AE 5251 Sub Type: Not Reported TC5819125.8s Page 47 of 70 FLOOD PLAIN MAP FINDINGS Map ID Direction Distance Distance (ft.) Description Database 70 Special Flood Hazard Area: No FLOODPLAIN Sw Flood Hazard Area: 0.2% Annual Chance Flood Hazard 1/2-1 mi Flood Zone: x 5251 Sub Type: 0.2 PCT ANNUAL CHANCE FLOOD HAZARD TC5819125.8s Page 48 of 70 Wetlands Map 31 Z 424 -1�0 3 0 on 360 6171' 360 .�\cNe Sc to �1-1 360 ';60 )60 -280 o\NSVd '520 20 C. 360— C'T nt 2 320 0 ra.b 9 April Dr 10 D m M e ac e 360 18) 280 --280 0 1/4 1/2 1 Miles N Major Roads Fault Lines I N Contour Lines Water Waterways National Wetlands Inventory A/ County Boundary El State Wetlands Electronic NWI data available Electronic NWI data not available SITE NAME: Apollo CLIENT: Spangler Environmental, Inc. ADDRESS: 4195 and 4281 NC 55 HWY 4120,4124, and 4144 HowErCONTACT: Courtney Watts Cary NC 27519 INQUIRY#: 5819125.8s LAT/LONG: 35.82684 / 78.878635 DATE: October 7, 2019 TC5819125.8s Page 49 of 70 Copyright �o 2019 EDR, Inc. (,) 2015 TonnTorn Rai. 2015. WETLANDS MAP FINDINGS Source: Fish and Wildlife Service NWI data NWI hardcopy map at target property: Green Level Additional NWI hardcopy map(s) in search area: Cary Map ID Direction Distance Distance (ft.) Code and Description* Database 1 PUBHh NWI East [P] Palustrine [UBj Unconsolidated Bottom [H] Permanently Flooded [h] 0-1/8 mi Diked/impounded 589 Lat/Lon: 35.826866 / -78.876656 2 PUBHh NWI SSW [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/4-1/2 mi Diked/impounded 1367 Lat/Lon: 35.823215 / -78.879837 3 PUBHh NWI South [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/4-1/2 mi Diked/impounded 1390 Lat/Lon: 35.823036 / -78.878189 4 PUBHh NWI NNE [P] Palustrine [UBj Unconsolidated Bottom [H] Permanently Flooded [h] 1/4-1/2 mi Diked/impounded 1391 Lat/Lon: 35.830475 / -78.877190 A5 PUBHh NWI East [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/4-1/2 mi Diked/impounded 1403 Lat/Lon: 35.826923 / -78.873901 A6 PUBHh NWI East [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/4-1/2 mi Diked/impounded 1669 Lat/Lon: 35.826588 / -78.873016 7 PUBHh NWI SSE [P] Palustrine [UBj Unconsolidated Bottom [H] Permanently Flooded [h] 1/4-1/2 mi Diked/impounded 1739 Lat/Lon: 35.822639 / -78.875839 8 PUBHh NWI NNW [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/4-1/2 mi Diked/impounded 1746 Lat/Lon: 35.831303 / -78.880798 *See Wetland Classification System for additional information. TC5819125.8s Page 50 of 70 WETLANDS MAP FINDINGS Map ID Direction Distance Distance (ft.) Code and Description* Database 9 PUBHh NWI WSW [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/4-1/2 mi Diked/impounded 1791 Lat/Lon: 35.824379 / -78.883865 10 PUBHh NWI ESE [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/4-1/2 mi Diked/impounded 1879 Lat/Lon: 35.824802 / -78.872818 11 PUBHh NWI NE [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/4-1/2 mi Diked/impounded 2003 Lat/Lon: 35.829987 / -78.873100 12 PUBHh NWI Sw [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/4-1/2 mi Diked/impounded 2230 Lat/Lon: 35.821873 / -78.883034 13 PUBHh NWI ENE [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/4-1/2 mi Diked/impounded 2515 Lat/Lon: 35.829288 / -78.870705 B14 PUBHh NWI WSW [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 2825 Lat/Lon: 35.823071 / -78.886963 15 PUBHh NWI East [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 2842 Lat/Lon: 35.828106 / -78.869179 16 PUBHh NWI SSE [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 2884 Lat/Lon: 35.819340 / -78.875496 17 PUBHh NWI NE [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 2945 Lat/Lon: 35.832722 / -78.871819 *See Wetland Classification System for additional information. TC5819125.8s Page 51 of 70 WETLANDS MAP FINDINGS Map ID Direction Distance Distance (ft.) Code and Description* Database B18 PUBHh NWI WSW [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 3056 Lat/Lon: 35.822403 / -78.887390 19 PUBHh NWI SSE [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 3248 Lat/Lon: 35.819153 / -78.873077 20 PUBHh NWI ESE [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 3659 Lat/Lon: 35.821945 / -78.867851 21 PUBHh NWI East [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 3701 Lat/Lon: 35.826111 / -78.866188 22 PUBHh NWI East [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 4089 Lat/Lon: 35.826378 / -78.864853 23 PUBHh NWI NNW [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 4090 Lat/Lon: 35.836784 / -78.885048 24 PUBHh NWI NNW [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 4479 Lat/Lon: 35.837315 / -78.886559 25 PUBHh NWI ESE [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 4610 Lat/Lon: 35.823620 / -78.863594 26 PUBHh NWI East [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 4767 Lat/Lon: 35.828308 / -78.862656 *See Wetland Classification System for additional information. TC5819125.8s Page 52 of 70 WETLANDS MAP FINDINGS Map ID Direction Distance Distance (ft.) Code and Description* Database 27 PUBHh NWI NE [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 4916 Lat/Lon: 35.837406 / -78.868309 28 PUBHh NWI SE [P] Palustrine [UBJ Unconsolidated Bottom [H] Permanently Flooded [h] 1/2-1 mi Diked/impounded 5055 Lat/Lon: 35.815819 / -78.868256 *See Wetland Classification System for additional information. TC5819125.8s Page 53 of 70 WETLANDS CLASSIFICATION SYSTEM National Wetland Inventory Maps are produced by the U.S. Fish and Wildlife Service, a sub -department of the U.S. Department of the Interior. In 1974, the U.S. Fish and Wildlife Service developed a criteria for wetland classification with four long range objectives: to describe ecological units that have certain homogeneous natural attributes, to arrange these units in a system that will aid decisions about resource management, to furnish units for inventory and mapping, and to provide uniformity in concepts and terminology throughout the U.S. High altitude infrared photographs, soil maps, topographic maps and site visits are the methods used to gather data for the productions of these maps. In the infrared photos, wetlands appear as different colors and these wetlands are then classified by type. Using a hierarchical classification, the maps identify wetland and deepwater habitats according to: system subsystem class subclass modifiers (as defined by Cowardin, et al. U.S. Fish and Wildlife Service FWS/OBS 79/31. 1979.) The classification system consists of five systems: 1. marine 2. estuarine 3. riverine 4. lacustrine 5. palustrine The marine system consists of deep water tidal habitats and adjacent tidal wetlands. The riverine system consists of all wetlands contained within a channel. The lacustrine systems includes all nontidal wetlands related to swamps, bogs & marshes. The estuarine system consists of deepwater tidal habitats and where ocean water is diluted by fresh water. The palustrine system includes nontidal wetlands dominated by trees and shrubs and where salinity is below .5% in tidal areas. All of these systems are divided in subsystems and then further divided into class. National Wetland Inventory Maps are produced by transferring gathered data on a standard 7.5 minute U.S.G.S. topographic map. Approximately 52 square miles are covered on a National Wetland Inventory map at a scale of 1:24,000. Electronic data is compiled by digitizing these National Wetland Inventory Maps. TC5819125.8s Page 54 of 70 ct ct u x �4 u ct �4 �4 ct U �4 clt ct ct ct 15 +c� u [A u TC5819125.8s Page 55 of 70 CJ u 0 u 0 2 z ct I�lt P� u L lull lull co� U� 'A TC5819125.8s Page 56 of 70 ct .4 tub u u ct U tb u 'u u .72 U .2 +Cul ct U U U cl� U 5 ct m ct U t— oc c, c) —ct —ct ct ct +2 +cul Cq. u 14. ct ct Z u 4 4 4 4 +c� Ot Z E u u + u t U �4 4. TC5819125.8s Page 57 of 70 FCC & FAA Sites Map C�' AL'O NO-Pirl Dr Z V16 360 C. S C�ce -1�0 3 Z: Ott 0 riod 91 360- 60 A 0 Sc to 360 o' ax 60 -280 O\NSVd 320 S Rd 360— 3 C'T .11to, e, 0 C D M e ac Rd 360 280 280 0 1/4 1/2 1 Miles I I N streets Sites N Contour Lines A/ County Boundary Waterways Water SITE NAME: Apollo CLIENT: Spangler Environmental, Inc. ADDRESS: 4195 and 4281 NC 55 HWY 4120,4124, and 4144 HowErCONTACT: Courtney Watts Cary NC 27519 INQUIRY#: 5819125.8s LAT/LONG: 35.82684 / 78.878635 DATE: October 7, 2019 TC5819125.8s Page 58 of 70 Gopyrlciht�o 2019 EDR, Inc. (,)2015TonnTorn Rai. 2015. FCC & FAA SITES MAP FINDINGS TOWERS Map ID Direction Distance EDR ID Distance (ft.) Database All NE 1/2-1 mi 2864 Registration 4: File #: Issue Date: Entity: Height: Address: FAA Study: FAA Circular: License ID: Contact Name: Contact Address Contact City: Contact State: Contact Zip: ASIR Search: 1058224 A0605416 8/12/2008 SpectraSite Communications, LLC. through American Towers, LLC. 54.9 6720 GOOD HOPE CHURCH RD. TOWER (306355) 2003-ASO-3586-OE Not Reported L00132178 Compliance Dept. 1898 Leland Drive, Suite A Marietta GA 30067 http://wireless2.fcc.gov/UlsApp/AsrSearch/asrRegistrationSearch.jsp ANTI 30000045535 ANTREG This record is for a license, and it may or may not indicate a site which has been built. A2 DOF161200215170 NE FAA DOF 1/2-1 mi 2919 Obstacle #: 37-002384 Obstacle Type: TOWER Quantity: 1 Ft Above Ground: 193 Ft Above Sea Level: 549 Verification Status: Verified Lighting: None Horizontal Accuracy: 50 ft Vertical Accuracy: 20 ft Markings: None Action: Change Action Date: 2014152 TC5819125.8s Page 59 of 70 FCC & FAA SITES MAP FINDINGS TOWERS Map ID Direction Distance EDR ID Distance (ft.) Database B3 North 1/2-1 mi 3502 Obstacle #: 37-002003 Obstacle Type: TOWER Quantity: 1 Ft Above Ground: 188 Ft Above Sea Level: 549 Verification Status: Verified Lighting: None Horizontal Accuracy: 50 ft Vertical Accuracy: 20 ft Markings: None Action: Change Action Date: 2014152 B4 North 1/2-1 mi 3504 Registration 4: File #: Issue Date: Entity: Height: Address: FAA Study: FAA Circular: License ID: Contact Name: Contact Address Contact City: Contact State: Contact Zip: ASIR Search: 1003668 A0764519 5/7/2012 NEW CINGULAR WIRELESS PCS, LLC 54.3 1710 PETTY FARM RD 2002-ASO-6412-OE Not Reported L00024153 FCC GROUP 5601 LEGACY DRIVE, MS: A-3 PLANO TX 75024 http://wireless2.fcc.gov/UlsApp/AsrSearch/asrRegistrationSearch.jsp This record is for a license, and it may or may not indicate a site which has been built. DOF161200215184 FAA DOF ANT1 30000002603 ANTREG TC5819125.8s Page 60 of 70 FCC & FAA SITES MAP FINDINGS AIRPORTS No Sites Reported. EDR ID Database TC5819125.8s Page 61 of 70 FCC & FAA SITES MAP FINDINGS POWERLINES No Sites Reported. EDR ID Database TC5819125.8s Page 62 of 70 KEY CONTACTS & GOVERNMENT RECORDS SEARCHED Various Federal laws and executive orders address specific environmental concerns. NEPA requires the responsible offices to integrate to the greatest practical extent the applicable procedures required by these laws and executive orders. EDR provides key contacts at agencies charged with implementing these laws and executive orders to supplement the information contained in this report. NATURAL AREAS Wilderness Areas Government Records Searched in This Report FED LAND: Federal Lands Source: USGS Telephone: 703-648-5094 Federal data from Bureau of Land Management, National Park Service, Forest Service, and Fish and Wildlife Service. - National Parks - Forests - Monuments - Wildlife Sanctuaries, Preserves, Refuges - Federal Wilderness Areas. Date of Government Version: 12/31/2005 US NWP: National Wilderness Preservation System This map layer consists of National Wilderness Preservation System areas of 320 acres or more, in the United States, Puerto Rico, and the U.S. Virgin Islands. Some established wilderness areas which are larger than 320 acres are not included in this map layer because their boundaries were not available from the owning or administering agency. Source: U.S. Geological Survey. Telephone: 888-275-8747 Federal Contacts for Additional Information National Park Service, Southeast Region 100 Alabama Street SW, 1924 Building Atlanta, GA 30303 404-562-3100 USDA Forest Service, Southern 1720 Peachtree Road, N.W. Atlanta, GA 30367 404-347-2384 BILM - Eastern States Office 7450 Boston Blvd. Springfield, VA 22153 703-440-1713 Fish & Wildlife Service, Fish & Wildlife Region 4 Budget and Finance 1875 Century Boulevard Atlanta, GA 30345 404-679-4096 TC5819125.8s Page 63 of 70 KEY CONTACTS & GOVERNMENT RECORDS SEARCHED Wildlife Preserves, Sanctuaries and Refuges Government Records Searched in This Report FED LAND: Federal Lands Source: USGS Telephone: 703-648-5094 Federal data from Bureau of Land Management, National Park Service, Forest Service, and Fish and Wildlife Service. - National Parks - Forests - Monuments - Wildlife Sanctuaries, Preserves, Refuges - Federal Wilderness Areas. Date of Government Version: 12/31/2005 NC Natural Heritage Areas: Significant Natural Heritage Areas The Natural Heritage Program Natural Areas (NHPNA) data identifies terrestrial and aquatic sites that are of special biodiversity significance. A natural areas significance may be due to the presence of rare species, exemplary natural communities, or important animal assemblages. Source: North Carolina Natural Heritage Program. Telephone: 919-707-8630 NC Managed Areas: Lands Managed for Conservation and Open Space The North Carolina Natural Heritage Program developed the Managed Areas (or MAREA) shapefile to document public- and privately -owned lands and easements that are of some conservation interest. Source: North Carolina Natural Heritage Program. Telephone: 919-707-8630 NC Federal Land Ownership: Federal Land Ownership Federal Land Ownership boundaries of land in North Carolina that is owned and managed by the US Government Source: North Carolina Natural Heritage Program. Telephone: 919-707-8630 NC Conservation Easements: NC Conservation Easements Source: NCGIA. Telephone: 919-733-2090 US Critical Water Habitat: US Critical Water Habitat When a species is proposed for listing as endangered or threatened under the Endangered Species Act, the U.S. Fish and Wildlife Service must consider whether there are areas of habitat believed to be essential the species conservation. Those areas may be proposed for designation as critical habitat. Critical habitat is a term defined and used in the Act. Source: US Fish & Wildlife Services. Telephone: 970-226-9468 US ACEC: Areas of Critical Environmental Concern Designated Polygons The designated ACECs are "areas within the public lands where special management attention is required to protect and prevent irreparable damage to important historic, cultural, or scenic values, fish and wildlife resources or other natural systems of processes, or to protect life and safety from natural hazards Source: Bureau of Land Management. Telephone: 202-912-7352 US Scenic River: National Wild and Scenic River System National Wild and Scenic Rivers System Source: USGS National Atlas and the Interagency Wild and Scenic River Coordinating Council. Telephone: 509-546-8333 TC5819125.8s Page 64 of 70 KEY CONTACTS & GOVERNMENT RECORDS SEARCHED US NCED: National Conservation Easement Database NCED shows a comprehensive picture of privately owned conservation easement lands in the U.S. The NCED will allow better strategic planning for conservation and development by merging data on land protection with biodiversity and resources, improving ecological and economic plans and investments. Source: U.S Endowment for Forestry and Communities. Telephone: 202-621-1647 US Critical Land Habitat: US Critical Land Habitat When a species is proposed for listing as endangered or threatened under the Endangered Species Act, the U.S. Fish and Wildlife Service must consider whether there are areas of habitat believed to be essential the species conservation. Those areas may be proposed for designation as critical habitat. Critical habitat is a term defined and used in the Act. Source: US Fish & Wildlife Services. Telephone: 970-226-9468 Federal Contacts for Additional Information Fish & Wildlife Service, Fish & Wildlife Region 4 Budget and Finance 1875 Century Boulevard Atlanta, GA 30345 404-679-4096 State Contacts for Additional Information Wildlife Resources Commission 919-733-3391 Wild and scenic rivers Government Records Searched in This Report FED LAND: Federal Lands Source: USGS Telephone: 703-648-5094 Federal data from Bureau of Land Management, National Park Service, Forest Service, and Fish and Wildlife Service. - National Parks - Forests - Monuments - Wildlife Sanctuaries, Preserves, Refuges - Federal Wilderness Areas. Date of Government Version: 12/31/2005 Federal Contacts for Additional Information Fish & Wildlife Service, Fish & Wildlife Region 4 Budget and Finance 1875 Century Boulevard Atlanta, GA 30345 404-679-4096 Endangered Species Government Records Searched in This Re NC Natural Heritage Element Occurrence: Natural Heritage Element Occurrence Sites Locations of rare and endangered species populations and occurrences of exemplary or unique natural ecosystems (terrestrial and palustrine) and special wildlife habitats. Source: Natural Heritage Program.. Telephone: 919-707-8630 TC5819125.8s Page 65 of 70 KEY CONTACTS & GOVERNMENT RECORDS SEARCHED Federal Endangered Species by County: Threatened and Endangered Species Listing Endangered, Threatened, Emergency Listing (Endangered), Emergency Listing (Threatened), Experimental Population (Essential), Experimental Population (Non -Essential), Similarity of Appearance (Endangered), Similarity of Appearance (Threatened). Source: US Fish and Wildlife Services. Telephone: 800-344-9453 Federal Contacts for Additional Information Fish & Wildlife Service, Fish & Wildlife Region 4 Budget and Finance 1875 Century Boulevard Atlanta, GA 30345 404-679-4096 State Contacts for Additional Information Natural Heritage Program, Dept. of Env. & Natural Resources 919-733-4181 LANDMARKS, HISTORICAL, AND ARCHEOLOGICAL SITES Historic Places Government Records Searched in This Report National Register of Historic Places: The National Register of Historic Places is the official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture. These contribute to an understanding of the historical and cultural foundations of the nation. The National Register includes: - All prehistoric and historic units of the National Park System; - National Historic Landmarks, which are properties recognized by the Secretary of the Interior as possessing national significance; and - Properties significant in American, state, or local prehistory and history that have been nominated by State Historic Preservation Officers, federal agencies, and others, and have been approved for listing by the National Park Service. Date of Government Version: 07/19/2015 NC Local District Boundaries: Boundaries for Local Districts Properties and districts in North Carolina that are locally designated districts. Source: Department of Natural & Cultural Resources. Telephone: 919-807-6586 NC Historic Preservation Sites: Historic Preservation Sites: Properties and districts in North Carolina that are locally designated landmarks. Source: Department of Natural & Cultural Resources. Telephone: 919-807-6586 NC NR, SL, DOE Boundaries: National Register, Study List, and Determined Eligible Sites: Properties and districts in North Carolina that are either listed in the National Register (NR), determined eligible for the National Register in the Section 106 review process (DOE), on the North Carolina Study List for potential nomination to the National Register (SL). Source: Department of Natural & Cultural Resources. Telephone: 919-807-6586 Natchez Trace National Scenic Trail: Natchez Trace National Scenic Trail Source: Natchez Trace Parkway. Telephone: 800-305-7417 US Trails: US Trails This dataset contains a baseline inventory and condition assessment of all non -motorized trails on U.S. Fish and Wildlife Service lands as part of the National Trails Inventory Program conducted by the US Dept. of Transportation, Federal Highway Administration, Federal Lands Highway Division. Source: U.S. Fish and Wildlife. Telephone: 703-358-2205 TC5819125.8s Page 66 of 70 KEY CONTACTS & GOVERNMENT RECORDS SEARCHED Indian Reservations: Indian Reservations This map layer portrays Indian administered lands of the United States that have any area equal to or greater than 640 acres. Source: USGS. Telephone: 202-208-3710 Potomac Heritage National Scenic Trail: Potomac Heritage National Scenic Trail Source: Potomac Heritage NST Office. Telephone: 304-535-4014 Federal Contacts for Additional Information Park Service; Advisory Council on Historic Preservation 1849 C Street NW Washington, DC 20240 Phone: (202) 208-6843 State Contacts for Additional Information Div. Of Archives & History 919-733-4673 Indian Religious Sites Government Records Searched in This Report Indian Reservations: This map layer portrays Indian administrated lands of the United States that have any area equal to or greater than 640 acres. Source: USGS Phone: 888-275-8747 Date of Government Version: 12/31/2005 Federal Contacts for Additional Information Department of the Interior- Bureau of Indian Affairs Office of Public Affairs 1849 C Street, NW Washington, DC 20240-0001 Office: 202-208-3711 Fax: 202-501-1516 National Association of Tribal Historic Preservation Officers 1411 K Street NW, Suite 700 Washington, DC 20005 Phone: 202-628-8476 Fax: 202-628-2241 State Contacts for Additional Information A listing of local Tribal Leaders and Bureau of Indian Affairs Representatives can be found at: http://www.doi.gov/bia/areas/agency.htmi Eastern Area Office, Bureau of Indian Affairs 3701 N. Fairfax Drive Mail Stop 260-VASQ Arlington, VA 22203 703-235-2571 TC5819125.8s Page 67 of 70 KEY CONTACTS & GOVERNMENT RECORDS SEARCHED Scenic Trails Government Records Searched in This Report APPAL — TRAIL: Appalachian National Scenic Trail Source: Appalachian Trail Conservancy and National Park Service Appalachian Trail Park Office Telephone: (304) 535-6278 Appalachian Trail centerline. State Contacts for Additional Information Appalachian Trail Conference 799 Washington Street P.O. Box 807 Harpers Ferry, WV 25425-0807 (304) 535-6331 FLOOD PLAIN, WETLANDS AND COASTAL ZONE Flood Plain Management Government Records Searched in This Report Flood Zone Data: This data was obtained from the Federal Emergency Management Agency (FEMA). It depicts Special Flood Hazard Areas (1%) and 0.2% Annual Chance of Flood Hazard as defined by FEMA. It includes the National Flood Hazard Layer (NFHL) which incorporates Flood Insurance Rate Map (FIRM) data and Q3 data from FEMA in areas not covered by NFHL. Source: FEMA Phone: 877-336-2627 Date of Government Version: 2015, 2003 Federal Contacts for Additional Information Federal Emergency Management Agency 877-3362-627 State Contacts for Additional Information Dept. of Crime Control & Public Safety, Div. Of Emergency Mgmt. 919-733-3867 Wetlands Protection Government Records Searched in This Re NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002, 2005, 2010, and 2015 from the U.S. Fish and Wildlife Service. Source: U.S. Fish and Wildlife Service. Phone: 608-238-9333 Date of Government Version: 05/28/2015 State Wetlands Data: Wetland Inventory Source: US Fish & Wildlife Service Telephone: 703-358-2171 Federal Contacts for Additional Information Fish & Wildlife Service 813-570-5412 State Contacts for Additional Information Wildlife Conservation Commission 919-733-3391 TC5819125.8s Page 68 of 70 KEY CONTACTS & GOVERNMENT RECORDS SEARCHED Coastal Zone Management Government Records Searched in This Report CAMA Management Areas Dept. of Env., Health & Natural Resources 919-733-2293 Federal Contacts for Additional Information Office of Ocean and Coastal Resource Management WORM, SSMC4 1305 East-West Highway Silver Spring, Maryland 20910 301-713-3102 State Contacts for Additional Information DEHNR, Div. Of Coastal Management 919-733-2293 Government Records Searched in This Re NC Coastal Boundaries NC One Map 919-754-6580 FCC & FAA SITES MAP For NEPA actions that come under the authority of the FCC, the FCC requires evaluation of Antenna towers and/or supporting structures that are to be equipped with high intensity white lights which are to be located in residential neighborhoods, as defined by the applicable zoning law. Government Records Searched in This Report Cellular Federal Communications Commission 445 12th Street, SW Washington, DC 20554 888-225-5322 Antenna Structure Registration Federal Communications Commission 445 12th Street, SW Washington, DC 20554 888-225-5322 AM Antenna Federal Communications Commission 445 12th Street, SW Washington, DC 20554 888-225-5322 FM Antenna Federal Communications Commission 445 12th Street, SW Washington, DC 20554 888-225-5322 FAA Digital Obstacle File Federal Aviation Administration (FAA) 1305 East-West Highway, Station 5631 Silver Sprinng, MD 20910-3281 Telephone: 301-713-2817 Describes known obstacles of interest to aviation users in the US. Used by the Federal Aviation Administration (FAA) and the National Oceanic and Atmospheric Administration to manage the National Airspace System. TC5819125.8s Page 69 of 70 KEY CONTACTS & GOVERNMENT RECORDS SEARCHED Airport Landing Facilities Federal Aviation Administration Telephone (800) 457-6656 Private and public use landing facilities. Electric Power Transmission Line Data PennWell Corporation This map includes information copyrighted by PennWell Corporation. This information is provided on a best effort basis and PennWell Corporation does not guarantee its accuracy nor warrant its fitness for any particular purpose. Such information has been reprinted with the permission of PennWell. Excessive Radio Frequency Emission For NEPA actions that come under the authority of the FCC, Commission actions granting construction permits, licenses to transmit or renewals thereof, equipment authorizations or modifications in existing facilities, require the determination of whether the particular facility, operation or transmitter would cause human exposure to levels of radio frequency in excess of certain limits. Federal Contacts for Additional Information Office of Engineering and Technology Federal Communications Commission 445 12th Street SW Washington, DC 20554 Phone: 202-418-2470 OTHER CONTACT SOURCES NEPA Single Point of Contact State Contacts for Additional Information Department of Administration 1302 Mail Service Center Raleigh, NC 27699-1302 919-807-2323 STREET AND ADDRESS INFORMATION (c) 2015 TomTorn North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to TomTorn North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material. TC5819125.8s Page 70 of 70 urisdictional Determination Reauest US Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://w-ww.saw.usace.army.miI/N4issions/Re2u]ato!:3�PermitPro�4ram/Contact/Coun!yLocator.aWx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE &CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (9 10) 251-46 10 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This forin must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page I jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 4004 NC Hwy 55 City, State: Cary, NC County: Wake Parcel Index Number(s) (PIN): 735553829,735557887,735651636,735655882,735661054 B. REQUESTOR INFORMATION Name: Maria Polizzi Mailing Address: 4338 Bland Rd Raleigh, NC, 27609 Telephone Number: 919-875-4288 Electronic Mail Address: maria@spanglerenvironmental.com Select one: F-1 I am the current property owner. W] I am an Authorized Agent or Environmental Consultant' F-1 Interested Buyer or Under Contract to Purchase F-1 Other, please explain. C. PROPERTY OWNER INFORMATION 2 Name: Apollo USA, LLC Mailing Address: 101 Lattner Court Cary, NC 27519 Telephone Number: Electronic Mail Address: Must provide completed Agent Authorization Form/Letter. Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION 3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Maria Polizzi Print Name -1 Authorized Agent' Capacity: F-1 Owner FV 7/9/2020 Date E. REASON FOR JD REQUEST: (Check as many as applicable) F-] I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. F-1 I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid al1jurisdictional aquatic resources under Corps authority. Fy-(] I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts tojurisdictional aquatic resources and as an initial step in a future permitting process. F-1 I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. F-1 I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. F-1 A Corps JD is required in order obtain my local/state authorization. F-1 I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. F-1 I believe that the site may be comprised entirely of dty land. F-] Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. ' If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. ' Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) F] I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be -waters of the United States" or "navigable waters of the United States"on a propel ty. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are Jurisdictional "'waters of the United States". PJDs cannot be appealed (3 )3 C.F.R. 331.2); however, a PJD is preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. W11I aill requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be Jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "'affected party" (33 C.F.R. 3 ).3 ) 1.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). E] I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS F,/1 Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. W/11 Size of Property or Review Area 29.48 acres. F-1 The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: Longitude: 35.827 -78.878 W1A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than I I x 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been 6 reviewed and approved). North Arrow Graphical Scale Boundary of Review Area Date Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non -jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Deternimations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be i I ied as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. 171 Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.qLtny.mil/Missions/Re�zulatory-Pennit- Pro arain/Jurisdiction/ Version: May 2017 Page 5 jurisdictional Determination Request W/11 Completed appropriate Jurisdictional Determination form • PJDs, please complete a PreliminM Jurisdictional Determination Form' and include the Aguatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' F-11 Vicinity Map z Aerial Photograph 0 USGS Topographic Map W/l Soil Survey Map E] Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) W1Landscape Photos (if taken) ko—(11 NCSAM and/or NCWAM Assessment Forms and Rating Sheets F-1 NC Division of Water Resources Stream Identification Forms 1:1 Other Assessment Forms 7 www.saw.usace.2�iy.mil/Portals/59/docs/reaulatoLy/rep-docs/JD/RGL 08-02 A1212 A Prelim JQ Form fillable.j2df ' Please see http://www.saw.usace.army.mil/Missions/Rezulatory-Permit-Prozram/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: Th i s i nformation may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federaljurisdiction is to be determined will be included in the approvedjurisdictional determination (AJD), which will be made available to the pub] ic on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information isvoluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instruction,.; provided in Section IV of the JD Form Instructional Guidebook. SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Raleigh Regulatory Field Office C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC Countv/parish/borough: Wake Citv: Cary Center coordinate-, ofsite (lat/long in degree decimal format): Lat. 35.827' N, Long. -79.978' W. I Jniversal Transverse Mercator: Name of nearest waterbody: Morris Branch (goes through property) and multiple unnamed ponds offsitc Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Jordan Lake Name of watershed or Hydrologic Unit Code (HUC): 030300020605 Z Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g.. offsite mitigation sites. disposal sites, etc ... ) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): R Office (Desk) Determination. Date: Z Field Determination. Date(s): 10/15/19 SECTION 11: SUMMARY OF FINDINGS A. RRA SECTION 10 DETERMINATION OF JURISDICTION. There Appear to be no -navigable waters of the U.S." within Rivers and Harbors Act (RITA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are -waters of the U.S." within Clean Water Act (CWA)jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): F-1 TNWs, including territorial seas F-1 Wetlands adjacent to TNWs ED Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs F-1 Non-RPWs that flow directly or indirectly into TNWs F-1 Wetlands directly abutting RPWs that flow directiv or indirectiv into TNWs F-1 Wetlands adjacent to but not directly abutting RPWs that flow directiv or indirectiv into TNWs F-1 Wetlands adjacent to non-RPWs that flow directly or indirectiv into TNWs F-1 Impoundments ofjurisdictional waters [0 Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 1965 linear feet: width (ft) and/or acres. Wetlands: acres. c. Limits (boundaries) ofjurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (ifknown): 2. Non -regulated waters/wetlands (check if applicable):' Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Two isololated wetland features are present on the property. Boxes chocked below shall be supported by completing die appropriate sections in Section III below. For purposes ofthis forni, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally- (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.I.; otherwise, see Section IILB below. 1. TNW Identifv TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetiand directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody' is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the J-D request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsitc. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 30,302 (for 12-digit HUC) acres Drainage area: 170 (for Morris Branch upstream of property) acres Average annual rainfall: 46 inches Average annual snowfall: 4 inches (ii) Physical Characteristics: (a) Relationship with TNW: F-1 Tributary flows directly into TNW. Z Tributary flows through 3 tributaries before entering TNW. Project waters are 5-10 river miles from TNW. Project waters are I (or less) river miles from RPW. Project waters are 2-5 aerial (straight) miles from TNW. Project waters are I (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identifv flow route to TNW': . Morris Branch, Panther Creek, Northeast Creek, Jordan Lake 'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identitving, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Tributary strcarn order, if known: 2. (b) General Tributary Characteristics (check all that i1pply): Tributary is: Z Natural El Artificial (man-made). Explain: E] Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (,estimate): Average width: 3 feet Average depth: 0.5 - I feet Average side slopes: Vertical (1:1 or less). Primary tributary substrate composition (check all that apply): Silts R Sands R Concrete Cobbles Gravel Muck El Bedrock Vegetation. Type/% cover R Other. Explain: Tributary condition/stability [e.g., highly eroding. sloughing banks]. Explain: Presence of run/riffle/poot complexes. Explain: Tributary geometry: Meandering Tributary gradient (approximate average slope): 2-3 % (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 20 (or greater) Describe flow regime: Other inforination on duration and volume: Surface flow is: Discrete and confined. Characteristics: Subsurface flow: Unknown. Explain findings: F1 Dye (or other) test performed: Tributary has (check all that apply): M Bed and banks E] OHWM' (check all indicators that apply): F-1 clear, natural line impressed on the bank E the presence of litter and debris F-1 changes in the character of soil E destruction of terrestrial vegetation F-I shelving R the presence of wrack line R vegetation matted down, bent, or absent sediment sorting leaf litter disturbed or washed away Seoul' sediment deposition multiple observed or predicted flow events water staining El abrupt change in plant community other (list): R Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determine lateral extent of CWA j urisdiction (check all that apply): F-1 High Tide Line indicated by: F-1 Mean High Water Mark indicated by: El oil or scum line along shore objects F-1 survey to available datum, El fine shell or debris deposits (foreshore) El physical markings; F-1 physical markings/characteristics El vegetation lines/cbangcs in vegetation types. F-1 tidal gauges F-I other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film, water quality, general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 'A natural or man-made discontinuity in the OHWM does not necessarily scvcrjurisdiction (e.g., where the strearn ternporarilv flows underground, orwhere the OHWM has been removed by development or aggricultural practices). Where there is a break in the OHWM that is unrelated to the waterbodv's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): Riparian corridor. Characteristics (type, average width): Wetland fringe. Characteristics: Habitat for: E] Federally Listed species. Explain findings: El Fish/spawn areas. Explain findings: R Other environmental ly-sensitive species. Explain findings: E] Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Welland Characteristics: Properties: Wetland size: acres Weiland type. Explain: . Weiland quality. Explain:. Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Wetland surface water releases at higher rain events. Wetlands flow into the culvert and then into the tributary. Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: F-1 Dye (or other) test performed: (c) Weiland Adjacency Determination with Non-TNW: F-1 Directly abutting R Not directiv abutting R Discrete wetland hydrologic connection. Explain: R Ecological connection. Explain: El Separated by berm/barrier. Explain: (d) ProximiLy �Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial i(straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize ,vetland systern (e.g., water color is clear, brown, oil filin oil surface; Nvater quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): R Riparian buffer. Characteristics (type, average A,idtb): El Vegetation type/percent cover. Explain:Forested/ 100% cover. Habitat for: E] Federally Listed species. Explain findings: El Fish/spawn areas. Explain findings: R Other environmentally -sensitive species. Explain findings: El Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each waland, specify the following: Directiv abuts? (Y/N) Size (in acres) Dircct1v abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters Lo TNWs, or to reduce the amount of polftlLants or flood waLcrs reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat arid lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support do-,N,nstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-R-PW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with a] I of its adjacent wetlands, then go to Section TTT.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSAVETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: F-1 TNWs: linear feet width (ft), Or, acres. F-1 Wetlands adjacent to TNIA's: acres. 2. RPWs that flow directly or indirectly into TNWs. R Tributaries of TNWs where tributaries typically flow year-round arejurisdictional. Provide data and rationale indicating that tributary is perennial: Tributaries of TNW where tributaries have continuous flow —seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section 111.13. Provide rationale indicating that tributary flows seasonally: Provide estiniates for jurisdictional waters in the review area (check all that apply): F� Tributary waters: linear feet width (11). R Other non -wetland waters: acres. Identify type(,.;) of waters: 3. Non-RPWs'tliat flow directly or indirectly into TNWs. Waterbodv that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for -jurisdictional waters within the review area (check all that apply): F� Tributary waters: linear feet width (ft). El Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. R Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section ITI.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: R Wetlands directly abutting an RPW where tributaries ty ically flow -'seasonally." Provide data indicating that tributary is P seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicatin- that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. F-1 Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. F-1 Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.' As a general rule, the impoundment of ajurisdictional tributary remain sjurisdiction a]. F-1 Demonstrate that impoundment was created from -waters of the U.S.," or F-1 Demonstrate that water meets the criteria for one of the categories presented above (1-6), or F-1 Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" F-1 which are or could be used by interstate or foreign travelers for recreational or other purposes. F-1 from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. F-1 which are or could be used for industrial purposes by industries in interstate commerce. F-1 Interstate isolated waters. Explain: R Other factors. Explain: 'See Footnote 4 3. To complete die analysis refer to the key in Section III.D.6 of the Instructional Guidebook. Prior to asserting or declining CNXA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiedon Following Rapanos. Identify water body and summarize rationale supporting determination: Provide estimate-, for jurisdictional waters in the review area (check all that apply): F1 Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplernents. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. Prior to the Jan 2001 Supreme Court decision in '-SfV4_VCC.,­ the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the —Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: El Other: (explain, if not covered above): Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis of jurisdiction is tile MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply)- Non-wetlandwaters (i.e., rivers, streams): lincar feet width (ft). Lakes/ponds: acres. Other non-wedand waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non-j urisdictional waters in the review area that do not meet the —Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): F-1 Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non-wedand waters: acres. List type of aquatic resource: Z Wetlands: 1.2 acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Z Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Z Data sheets preparcd/submittcd by or on behalf of the applicant/consultant. Office concurs with data sheets/delin cation report. Office does not concur with data sheets/del i n cation report. Data sheets prepared by the Corps: El Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: USGS NHD data. USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Z USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey. National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Z Photographs: F-1 Aerial (Name & Date): . or Z Other (Name & Date): Site photographs. Previous determination(s). File no. and date of response letter: El Applicable/supporting case law: El Applicable/supporting scientific literature: R Other information (please specify): . B. ADDITIONAL COMMENTS TO SUPPORT JD: LENNAIT October 29, 2019 To Whom It May Concern: The letter serves to inform you that Lennar Carolinas, LLC hereby authorizes Spangler Environmental, Inc. to act as our technical agent for the purposes of environmental issues, including wetland and stream identification, permitting, mitigation planning and regulatory agency coordination at the property known as Apollo, and as shown in Wake County records as Parcel IDs 0735553829, 0735557887, 0735651636, 0735655882, and 0735661054, All site visits by regulatory personnel must be coordinated in advance with our agent, Spangler Environmental, Inc. This letter supercedes all previous Agent -related correspondence. The following contact persons should be copied on all correspondence: Property Owner (or Legal Agent/Representative): Tim Lengen / Stephen Dom Lennar Carolinas, LLC I 10 0 Perimeter Park Drive, Suite 112 Morrisville, NC 27560 919-309-6637 Technical Agent: James A. Spangler, CEI, A.M.ASCE Spangler Environmental, Inc 43 3 8 Bland Road Raleigh, NC 27609 919-875-4288 jspangler@spanglerenvironmental.com LEMMAR.COM 115�n 4k kt k 4%Lq 0�' L41A, CA_ kt 4F 4 ;o 55 fT," -4 - rf, 4? WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Apollo City/County: Cary Sampling Date: 10/15/19 Applicant/Owner: Lennar State: NC Sampling Point: WA Investigator(s): Maria Polizzi / Luke Miles Section, Township, Range: Cary Landform (hillslope, terrace, etc.): Flat / Depressional Local relief (concave, convex, none): Concave Slope (%): 0-1 % Subregion (LRR or MLRA): Southern Piedmont Lat: 35.8 Long: -78.8 Datum: NAD 83 Soil Map Unit Name:CrD (Creedmoor-Green Level complex, 10-15%), CrC (Creed moor-G reen Level complex, 6-10%)NWI classification: L) Are climatic / hydrologic conditions on the site typical for this time of year? Yes (kind of) No . (if no, explain in Remarks.) Are Vegetation ­ Soil or Hydrology_ significantly disturbed? Are "Normal Circumstances" present? Yes — No X Are Vegetation ­ Soil or Hydrology_ naturally problematic? (if needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: Recent rain after a month, or so, of drought. Adjacent site has stormwater discharge outlet on property line which is diverting more water onto the subject property than it would have typically. HYDROLOGY Wetiand Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one is required; check all that apply) — Surface Soil Cracks (136) X Surface Water (Al) — True Aquatic Plants (B14) — Sparsely Vegetated Concave Surface (138) — High Water Table (A2) — Hydrogen Sulfide Odor (CI) — Drainage Patterns (1310) X Saturation (A3) — Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (1316) — Water Marks (131) — Presence of Reduced Iron (C4) — Dry -Season Water Table (C2) — Sediment Deposits (B2) — Recent Iron Reduction in Tilled Soils (C6) — Crayfish Burrows (C8) X Drift Deposits (133) — Thin Muck Surface (C7) — Saturation Visible on Aerial Imagery (C9) — Algal Mat or Crust (B4) — Other (Explain in Remarks) — Stunted or Stressed Plants (DI) — Iron Deposits (B5) — Geomorphic Position (D2) — Inundation Visible on Aerial Imagery (137) — Shallow Aquitard (D3) — Water -Stained Leaves (B9) — Microtopographic Relief (D4) — Aquatic Fauna (1313) — FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 0-1 Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 4-8 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Surface water visible in some portions of the wetland area. Other locations have soil saturation without surface water or a water table presence within the top 12 inches. Surface water is likely due to ponding on soils with low hydraulic conductivity / infiltration rate, rather than a high water table. US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: WA Tree Stratum (Plot size: 1. Loblolly Pine (Pinus taeda) 2. Musclewood (Carpinus carolinana) 3. Sweet Gum (Liquidambar styraciflua) 4. White Oak (Quercus alba) 5. Sugar Maple (Acer saccharum) % Cover Snecies? Status 40 Yes FAC 15 Yes FAC 5 No FAC 8 No FACU 3 No FACU Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC. 7 (A) Total Number of Dominant Species Across All Strata: 8 (B) Percent of Dominant Species That Are OBL, FACW, or FAC. 87.5% (A/B) 6. 71% Total Cover Prevalence Index worksheet: Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: 0% OBL species x 1 = 0 Sapling Stratum (Plot Size: FACW species 0% x 2 = 0 1. Sweet Gum (Liquidambarstyraciflua) 7 Yes FAC 249 — FAC species 83% x 3 = 2. Loblolly Pine (Pinus taeda) 12 Yes FAC FACU species 12% x 4 = 48 3. UPL species 0% x 5 = 4. Column Totals: 95 (A) 297 (B) 5. 50% of total cover: Shrub Stratum (Plot size: 1. Holly (ilexAquafolium) 3. 4. 50% of total cover: Herb Stratum (Plot size: Botrychium dissecturn 2. Muscadine (Vitus rotundifolia) 3. 6. 7. 50% of total cover:. Woody Vine Stratum (Plot size: 1. Smilax rotundifolia 3. 4. Prevalence Index = B/A = 3.13 19/0 =TotalCover Hydrophytic Vegetation Indicators: 20% of total cover: I - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 1 Yes FACU 3 - Prevalence Index is :53.01 — 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) — Problematic Hydrophytic Vegetation' (Explain) i Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 1 % Total Cover Definitions of Five Vegetation Strata: 20% of total cover: Tree — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. I Yes FAC (7.6 cm) or larger in diameter at breast height (DBH). I Yes FAC Sapling — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub — Woody plants, excluding woody vines, approximately 3 to 20 ft (I to 6 m) in height. Herb —All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine — All woody vines, regardless of height. 2 9% = Total Cover 20% of total cover: V.. PAr Hydrophytic 2% Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (include photo numbers here or on a separate sheet.) Many pine trees were dead or dying, possibly due to a newly forming wetland feature. US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 SOIL Sampling Point: WA Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix — Redox Features (inches) Color (moist) % Color (moist) % Tvoe' Loc2 Texture Remarks 0-6 7.5 YR 4/3 90% 7.5 YR 5/6 10% C M Silt Loam 6-12 7.5 YR 5/1 80% 7.5 YR 5/8 20% C M Sandy Loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 21-ocation: PL=Pore Lining, M=Matrix Hydric Soil Indicators: Indicators for Problematic Hydric SoiIS3: — Histosol (Al) — Dark Surface (S7) — 2 cm Muck (A10) (MLRA 147) — Histic Epipedon (A2) — Polyvalue Below Surface (S8) (MLRA 147,148) _ Coast Prairie Redox (A16) Black Histic (A3) Thin Dark Surface (S9) (MLRA 147,148) (MLRA 147,148) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) — Piedmont Floodplain Soils (F19) Stratified Layers (A5) Depleted Matrix (F3) (MLRA 136,147) 2 cm Muck (Al 0) (LRR N) Redox Dark Surface (F6) — Very Shallow Dark Surface (TF1 2) Depleted Below Dark Surface (Al 1) Depleted Dark Surface (F7) — Other (Explain in Remarks) Thick Dark Surface (Al 2) Redox Depressions (F8) Sandy Mucky Mineral (SI) (LRR N, Iron -Manganese Masses (F1 2) (LRR N, MLRA 147,148) MLRA 136) Sandy Gleyed Matrix (S4) Umbric Surface (F13) (MLRA 136,122) 3 Indicators of hydrophytic vegetation and Sandy Redox (S5) X Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Stripped Matrix (S6) Red Parent Material (F21) (MLRA 127,147) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region projecushe: 10 City/County: Sampling Date- ApphicanVOY i State: Sampling Point triviesligator(s) ection, Township, Range lope, tenrace etc), -Nr);t%e,8 j�"bf� Local relief (concave, convex, n Cons-ifA slope M. Landform (hills ff�L:- 7S-7:11i" one): Subregion (I -RR at MI-RA);1ildea, Long. Datum Sail Map Unit Name I NWJ classification: Are climatic I hydrdogic conditions on the site typical for this lime of year? Yes / No_ �lf no. explain in Remarks I Are Vegetation Soil ­ or Hydrology _ significantly disturbed? Are "Normal Circumstances' present? Yes-k-1 No— Aie Vegetation Soil ­ or Hydrology _ naturally problematic? (if needed, explain any answers in Remari(s.) SLIMMARY OF FINDINGS - AtItach site map showing sampling point locations, transacts, Important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area s 7 Hydnc Sail Present? Ye No wIthin a Wetland? Yes —L— No Welland Hydrology Present? Ye� No Remarks — 0 fW HYDROLOGY I Wetland Hydrology Indicators, Secondary Indicators (minimum of two rea uirect Pnmary Indicators (minimum of one is reguired check all that apply) — Surface Soil Cracks (B6) Surface Water (Al) — True Aquatic Plants (1314) — Sparsely Vegetated Concave Surface (138) High Water Table (A2) — Hydrogen Sulfide Odor (CI) — Drainage Patterns (B 10) Saturation ;A3) — Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (1316) Water Marks (BI) — Presence of Reduced Iron (C4) — Ury-Season Water Table �C2) Sediment Deposits iB2) — Recent Iron Reduction in Tilled Soils (C6) — Crayfish Burrows (CB) Drift Deposits (133) — Thin Muck Surface (C7) — Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (B4) Other (Explain in Remarks) Stunted or Stressed Plants (DI) Iron Deposits (B5) Geomorphic Position (D2) Inundation Visible on Aerial Imagery (87) Shallow Aquitard (D3) Water -Stained Leaves (Bg) Microtopographic Relief (134) Aquatic Fauna (1313) FAC-Neutral Test (DS) Field Observations: Surface Water Present? Yes No — Depth (in h:s)� 0— Water Table Present? Yes Saturation Present? Yes f NO — Depth (in:h is). NO —w— Depth (inches).ij WGIland Hydrology Ilimsent? Yas—,�— N6— (mcludes capillary fringel Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available; Remarks US AsMY Corps of Engineers Easlplm MQuirdainq anrl PiFAImmt - Niam— -k n VEGETATION (Five Strata) — Use scientific names of plants, _�Dorn.lna,n,l Sampling Point ITee Stratum (Plot size. Abs�:�l 1111:! Oominent Indicator I cl;cator I cover cl s? 2 c e T j I I 1��l 1,111ill: i 5V;r6h*qf. or D m " r a n Number of Dominant Species Id P"C'er F A C W or FAC* That Are 08L, FACK or FAC- (A) er f Total Number of DoTinanl Do n a - r . ss All S a la Species Across All Strata: 4 (B) D n pe-e mine Percent of Dominant Species -414 That Are 08L, FACW, or PAC: I (A/B) 3 4. F%50% 5— Total Cover of total cover 20% of total cover:— Sapliag Straw =(Plt ze: Prevalence Index wiarksheet; ork 0 1 % Cover of multiDN by OBL species 10 xj= )0 FACW species x2= FAC species x3=.210 FACU speccies X 4 UPIL species X5= Column Totals: (A) (B) 2.& rLdMyn ZQZ 3 4. 6. Prevalence Index BIA Qa _�ct.[ Cover 60% oflotal cover: /0 20% of total cover: Hydrophytic Vegetation Indicatom, — 1 - Rapid Test for Hydrophylic Vegetation Sh 5 um (Plot size: 5 — 2 - Dominance Test is �'50% 3 - Prevalence Index is s3.0' 4 - Morphological Adaptations' (Provide supporting data in Rerrarks or on a separate sheet) Problematic Hydrophyfic Vegetation' (Fxplain) 2. 3. A lndcatm of hydric soil and wetlanci hydro" mum 6 be present, unless disturbed or problematic Total Cover Definitions of Five Vegetation Shrata: 50% of total cover. 20% of total -.1-LD— Tree - Woody planis, excluding woody vines, Herb St raturn ot size approximatply 20 ft �6 m) or mom in height and 3 in "I — &jM (7,6 cm) or larger in diameter at breast height (DBH) Sapling -Woody plants, excluding woodyvines, approximawly 20 ft (6 m) or more in height and less than 3 in. (7,6 cm) DBH. 3 A Shrub - Woody piants, excluding woodyvines, approximately 3 to 20 111 (1 to 6 m) in height- 5. 6 7 Herb - All herbaceous (non -woody) plants, including herbaceous vines, regardless of size. and woody plants, except woody vines, Im than approximately 3 9. ft (I m) in height. 10. Woody virm - All woody vines, regardless of height. I I Total Cow 50% of total cover:, 20% of total cover. 1?0 Woody Vine Stralu (Plot size Hydrophirlic Total Cover Vegetation 50% of total cover: _ 20% of total cover— Pnizent7ii yes No_ Remarks: Qnclude photo numbers here or on a separate sheet,) gu is ot'tKejej iis -ez Eastern Mountains and Piedmont - version 2-0 US Army Corps of Frigineers Sampling Point: WL � to t Is pth needed to OGUM ant the indicator or COMM the absence of Indicators.) �:i I o Me Dials at (Describe Redox Featu Co)or (moi 1/. Type Loc Texture Remarks (inches) 1 Z-0— S 0-0 —54r, ov, 'Type� C=Concentration Di letinn RM=Redticed Me*"- t— d Grains 'Location: PL=Pcre Lim Hydric Sall Indicators: indicators for Problematic Hydric Soile: Histosol (Al) — Dark Surface IS?) — 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) — Polyvalue Below Surface (S8) (NILRA 147.148) — Coast Prairie Redox (AW — Black Hislic (A3) Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147,148) — Piedmont Floodplain Soils (F19) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) (MILRA 136,147) Stratified Layers (A5) WDepleted Matrix (F3) 2 cm Muck (A10) (LRR N) — Redox Dark Surface (F6) Very Shallow Dark Surface (TF1 2) Depleted Below Dark Surface (Al 1) — Depleted Dark Surface (P7) Other (Explain in Remarks) Thick Dark Surface (Al2) — Redox Depressions (F8) Sandy Murky Mineral (SI) (L-RR W, — lrcn-Manganesi� Masses (F1 2) (LRR N. Ill 147,1481 MLRA 136) Sandy Gleyed Matrix (S4) — Umbric Surface (F13) (MLRA 136,122) 'Indicators of hydrophytic vegetation and Sandy Redox (S5) Piedmont Floodplain Soils i (MLFtA 148) wetland hydrology must be present, Stripped Matrix (86) — Red Parent Material i (MLRA 127,147) unless disturbed or problematic. Restdctive Layer (if obseryed): Type: I/ Hydric Soil Present? Yes No Depth (inches): Remarks. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 0 F fr:GETATION (Five Strata) — Use scientific names of plants, Sampling Point:_� — � i: � � 1 111 IndIcalor ea o "Oe L10131111a ceTMtWotk8hW'_ TroL (Pi 4 , 'um re'L 5 % Cover S S21 -fiu Number Of Dominant SPecies "" "' That Are OBL, FACW orFAC, T I -59--(A) &,3,r" Z Total Number of Dommant e Strata: tra'a (B) 3, Species Across All S c c s ercent of Dominant Species P ce F" or FAC�� Thai Are OBL, FACK T . r. 6. ffa_�:�-_t-_Icover prevaienco inGeA Total % Cover of Multiply by. 20% 50% of total cover: ' of total cover.�u ()BL species FFBLLWr'1P:p-.--:e, Sapling Stratum (Plot size: AC, x 3 I FACspecies FACU species Q x 4 u 'd 2 3 LIPL species C) _ x5= U PL p e A Column Totals: J 0 W 1B) C o'um T 0 a 4 3' 5. BJA Prevalence Index BJA n ex P r v .1' ce Total Cover Hyd"ophyti. V.g.'.tl icatom! t 1 -Rapid -rest for Hydrophytic Vegetation 50% of total cover: 20% of total cover.- 2 - Dominance Test is 150% Shrub St(Atum (Plot size 3 - Prevalence Indiax is vg3.0' 1 4 - MorMphologgical Adaptations' (Provide suppOng 1 of 1'. data in Remarks or on a separate sheet) t , e rks or . z 2- Problematic Hydrophytic Vegetation' (Exoaln) no 3, 4 5. Indicators of hydrir soil and wetland hydrology must - be present, unless disturbed or problematic - `_ Total Cover -6-afinitionsof Five Yeg tionStrata! g t' 0 S rate 50% of total cover: 20% of total cover- L xc' u d in d v w ' Tree - Woody plants, excluding woody virtes, g m h a g ht d 3 ,n approximately 20 ft �6 m) of more in height and 3,n 00s Herb Stratum (Plot size te r atb ne he In t (D 8 H) 'gs (7.6 cm) or larger in diameter at breast height (DHH) am e 1 v s . sapling - Woody plants, excluding woody vines, 2. I_ approximately 20 f1 (6 m) or more in height and less 3 than 3 in. (7 6 cm) DBIH. 4. Shrub - Woody plants, excluding woody vines, 5� I ft (1 to m . hei ht approximately 3 to 20 it 0 to 6 m) in height. 5 n . 1. , �.d is . _r2 . PI in Herb - All herbArP(AJR_(non-woodY) plants, including 7 herbaceous vines, regardless of size. and woodY plants, except woody vines, less than approximately 3 0. ft (1 rn) in height. 10 Woody vine - All woody vines, regardless of height Total Cover 50% of total cover 20% of total cover W d Vine Stratum PI t [Hydrophytic 3. 4 5. Total Cover Is 20% of total cover, .tatilo. Vegetation pres.1110 Y. 50% of total cover. Rema (Include photo nurri here or on a separate sheet) Eastern Mountains arid Piedmont - Version 2 0 Us Army Corps; of Engineers Sampling Point., to the depth needed to document the indicator or confirm the absence of Indicators.) Depth Mairix Re o Fe r c (inches) % Color I % T a r �()L LOY la— C, - �nLc (f t5-43Z' �/6-12L- 71"71 10 Hydric Soil indicators: Histosol (Al) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Straltifled Layers (A5) 2 cm Muck (Al 0) (LRR N) Depleted Below Dark Surface (Al 1) Thick Dark Surface (Al2) Sandy Mucky Mineral (Sl) (LRR N, MLRA 1147,1148) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Slaipped Matrix (S6) Restricthie Layer Jilt cilm—ed): Type -- Depth (inches)-. P—I—ri hAnfriv Mq=Marked Send Gr, Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147,148) Loarny Gleyed Matrix (F2) Depleted Mat�x (F3) Redox Dark Surface (F6) Depleted Darx Surface (F7) Redox Depfessions (178) tron-Manganese Masses (F1 2) (LRR N, MLRA 136) Umbnc Surface (F1 3) (MLRA 136, 122) Piedmont Floodplain Soils lF19) (MLRA 148) Red Parent Material (F21) (MLRA 121, 147) indicators for Problematic Hydric So 2 = Muck (AlO) (MLRA W) Coast Prairie Reclorr (A16) (ml-RA 147.148) Piedmont Froodpl2fn Soils (rl 9) (MLRA 136,147) Very Shallow Dark Surface (TF12) Other (Explain in Remari(s) 3 indicators of hydrophyfir vegetation and wetland hydrology must be present. unless disturbed of Problematic Hydric Soil Present? Yes _ No Eastern maumains arid pienrTionj - VerBion US Army Corps of Engineers u !E E E E E �: 0 m m m ru a) o u a) Ln 0 0 o .7- o '.7, C) 0 o o _r_ I:t u a) u 11 U 0 Ln Ln .0 u .0 u .0 u .0 u a) ai ai ai Ln 0 a) +� Ln Ln Ln V) o- u m a) Ln 0 a) CT U CU u =5 0 CL) _0 _0 m m 03 ra -4-> cu ai (1) ai .2 cu ai 0 r cr m 0 0 0 0 m +� , CL) z z z z 0 cu CU 4- o- F LL u a) bio C: (13 u a) — 0 -Z " >- CA u cu cr LL 0- 0 CL LL LL m (D j L -i al Ul --i �.o 4-0 4- ro 00 zt - 00 M C: a =3 C; �-o -1 -Ij a CL - 0 Cr CU LL a) a) a) 00 4 U —i 0 =1 o 4- Ln CU Ln a) LU a) CY) rJ -i —i �D C) r, r1i 00 00 r, 00 m W LQ oq cq oq clq E a) o6 oo oo oo oo oo U aj W 0 di ai r.' Or24 r.' rr4 -0 ai rooi oo Zt oo rwi oo oo oo =3 di u " ui Ln, Ln, L-n , Ln Lti ro ro rn rn rn ro ra ai ai < ca i7i 20 c' L,-, Ln V) air Z 2k, he u Li Ln --4= 6 %I I Ct TAY Figure 1: Part of wetland WA. Figure 2: Part of the wetland (WA) with standing water. -�l -W I--- 14� 11 tv ly. wj� TT IT 9'17 zw� "moss.. op 1 �71 4 445 likkL - - - - - - - - ....... U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-02355 County: Wake U.S. G. S. Quad: NG Green Level NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Soan2ler Environmental Maria Polizzi Address: 4338 Bland Road Ralei2h, NC 27609 Telephone Number: 919-875-4288 E-mail: maria(dst)an2lerenvironmental.com Size (acres) 29.48 Nearest Town An2ie Nearest Waterway Morris Branch River Basin Cam Fea USGS HUC 03030002 Coordinates Latitude: 35.8270 Longitude: -78.8780 Location description: The proeect site is atwroximatelv 29 acres located ad eacent to NC Hwv 55, near the town of Carv, Wake Countv, North Carolina. The oreliminary oortion of this determination includes waters SA, SB, SC, SD, and WB. The approved portion of this determination onlv includes WA as indicated on the attached delineation mat). Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/13/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Adniftustrative Appeal Process (Reference 3 3 CFR Part 3 3 1). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. El There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination El There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. El There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. El We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. El The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly SAW-2019-02355 suggest you have this delineation surveyed. Upon completioii, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. El The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Z There are no waters (only wetland WA) of the U.S., to include wetlands, present on the above described project area/property which are subject to the pennit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. El The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 13 11). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastinger at 919-554-4884 ext 32 or James. C.Lastin2er(dusace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary *urisdictional determination form and approved iurisdictional determination form (interim) NWPR dated 08/13/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/detennination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 33 1. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shamim, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." D!, fta I lysigned by G I BBY.JEAN.B.1229783633 Corps Regulatory Official: GIBBY.JEAN.B.1 229783633 Date: 2020.08.13 15:02:28 -04'00' Date of JD: 08/13/2020 Expiration Date of PJD: N/A Expiration Date of AID: 8/13/2025 SAW-2019-02355 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.anny.mil/cm apex/Vp=136:4:0 Copy fumished: Property Owner: Apollo USA, LLC Sankar Adusumilli Address: 101 Lattner Court Carv, NC 27519 Telephone Number: 919-926-9790 E-mail: rae(dyeitolace.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Span2ler Environmental, Maria Polizzi File Number: SAW-2019-02355 Date: 08/13/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B F-] PERMIT DENIAL C Z APPROVED YURISDICTIONAL DETERMINATION D z PRELIMINARY YURISDICTIONAL DETERMINATION E SECTION I - The following identifies your nights and options regarding an administrative appeal of the above decision. Additional information may be found at or htti)://www.usace.annv.mil/Missions/CivilWorks/Re�4ulatorvPro�4ramandPennits.asi)x or the Corps regulations at 33 CFR Part 33 1. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final autholization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is autholized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the penult in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved Jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your obj ections must be received by the district eng Mieer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the penult to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final autholization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is autholized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the penult in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved Jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD *in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engicer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Prelimmiary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11 - REQUEST FOR APIIEA19BJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the adin milstrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATI07— nnrm�� If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: James Lastinger CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, North Carolina 27587 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site durmig the course of the appeal process. You will be provided a 15-day notice of any site investigation, and have the opportuni to participate in all site investi ations. -will Date: Telephone number: I I Signature of appellant or agent. For appeals on Initial Proffired Permits send thisfbrm to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, ProffLered Permits and Approved Jurisdictional Determinations sendthisfi)rm to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE 1. ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): 08/13/2020 ORM Number: SAW-2019-02355 F_1TTT*T01T;=_ 011111019TELIFI-11 Review Area Location': State/Territory: NC City: Angier County/Parish/Borough: Center Coordinates of Review Area: Latitude 35.8270 Longitude -78.878L 11. FINDINGS A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources. The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale. There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the review area (complete table in Section I 1. 13). There are "waters of the United States" within Clean Water Act jurisdiction within the review area (complete appropriate tables in Section ll.C). Z There are waters or water features excluded from Clean Water Act jurisdiction within the review area (complete table in Section ILD). B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2 § 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination N /A. N/A I N/A. N/A. C. Clean Water Act Section 404 Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3 (a)(1) Name (a)(1) Size (a)(1) Criteria Rationale for (a)(1) Determination N/A. N/A I N/A. Tributaries ((a (2) waters): (a)(2) Name (a)(2) Size =(a)(2) Criteria J_�ationale for (a)(2) Determination N/A N/A I I N/A. I N/A. Lakes and ponds, and impoundments of jurisdictional waters ((a)( ) waters): (a)(3) Name (a)(3) Size (a)(3) Criteria Rationale for (a)(3) Determination N/A. N/A I N/A. Adjacent wetlands ((a)(4) waters): (a)(4) Name (a)(4) Size (a)(4) Criteria Rationale for (a)(4) Determination N/A. N/A I N/A. N/A. ' Map(s)/figure(s) are attached to the AJD provided to the requestor ' Ifthe navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. ' A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment offiver or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form. Page 2 of 2 Form Version 10 June 2020 updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE D. Excluded Waters or Features Excluded waters b)(1) — (b)(12)):4 Exclusion Name Exclusion Size Exclusion 5 Rationale for Exclusion Determination WA acre(s) (b)(1) Non- Wetland WA is a headwater wetland that is adjacent wetland. confined on all sides by uplands. Hydrology within wetland WA is primarily driven by groundwater and surface runoff into the topographic depression. WA drains down an erosional swale to Stream SD. The erosional swale did not contain the intermittent or perennial stream criteria defined by NCDWR's Methodology for Identification of Intermittent and Perennial Streams and their Origins, Version 4.11, nor did it meet the wetland criteria defined by the 1987 US Army Corps of Engineers delineation manual or indicators of OHWM. Wetland WA is not adjacent to an (a)(1), (2), or (3) water. Ill. SUPPORTING INFORMATION A. Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. Z Information submitted by, or on behalf of, the applicant/consultant: AJD request packet received on 7/10/2020 This information is sufficient for purposes of this AJD. Rationale: N/A or describe rationale for insufficiency (including partial insufficiency). El Data sheets prepared by the Corps: Title(s) and/or date(s). N Photographs: Aerial and Other: Aerial and site photos Z Corps site visit(s) conducted on: December 10, 2019 El Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s). Z Antecedent Precipitation Tool: provide detailed discussion in Section 11LB. Z USDA NRCS Soil Survey: Title(s) and/or date(s) Z USFWS NWI maps: USFWS NWI Z USGS topographic maps: Greenlevel Quad Other data sources used to aid in this determination: Data Source (select) Name and/or date and other relevant information Other USGS data (specify) USGS 3DEP Bare Earth DEM (LiDAR) USDA Sources N/A. NOAA Sources N/A. USACE Sources N/A. State/ Local/Tri ba I Sources N/A. ' Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps districtto do so. Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area. ' Because ofthe broad nature ofthe (b)(1) exclusion and in an effort to collect data on specific types ofwaters that would be covered by the (b)(1) exclusion, four sub- categories of(b)(1) exclusions were administratively created for the purposes ofthe AJD Form. These four sub -categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 2 of 2 Form Version 10 June 2020 updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Data Source (select) Name and/or date and other relevant information Other Sources N/A. B. Typical year assessment(s): The APT was run for the date of the USACE site visit, 12/10/2019. Results indicated normal conditiom C. Additional comments to support AJD: Page 2 of 2 Form Version 10 June 2020 updated PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 08/ 13/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Spangler Environmental, Maria Polizzi, 43 3 8 Bland Road, Raleigh, NC 27609 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Apollo site/NC Hwy 55/Cary/Wake County, SAW-2019-02355 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 29 acres located adjacent to NC Hwy 55, near the town of Cary, Wake County, North Carolina. The preliminary portion of this determination includes waters SA, SB, SC, SD, and WB. The approved portion of this determination only includes WA as indicated on the attached delineation map. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Wake City: Angier Center coordinates of site (lat/long in degree decimal forniat): Latitude: 35.8270 Longitude: -78.8780 Universal Transverse Mercator: Name of nearest waterbody: Morris Branch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECKALL THAT APPLY): Office (Desk) Determination. Date: August 13, 2020 Field Determination. Date(s): December 10, 2019 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH " MAY BE " SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resourcesin non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable WB 35.4970 -78.5220 0.89 AC Wetland Section 404 SA 35.8280 -78.8810 164 LF Non -wetland Section 404 SB 35.8260 -78.8810 1,018 LF Non -wetland Section 404 Sc 35.8270 -78.8760 286 LF Non -wetland Section 404 SID 35.8270 -78.8800 795 LF Non -wetland Section 404 I . The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AID) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the JD will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 33 1. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation ofjurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds that there "may be " waters of the U. S. and/or that there "may be " navigable waters of the U. S. on the subj ect review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data rcvicwcd for PJD (chcck all that apply) Checked items are included in the administrative record and are appropriately cited: X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: attachcd datcd August 13, 2020 Z Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: Z Office concurs with data sheets/delineation report. D Office does not concurwith data sheets/delineation report. Rationale: El Data sheets prepared by the Corps: DCorps navigable waters'study: Z U.S. Geological Survey Hydrologic Atlas: Z US GS NHD data: El US GS 8 and 12 digit I-IUC maps: X U.S. Geological Survey map(s). Cite scale &quad name: Greenlevel Quad Z Natural Resources Conservation Service Soil Survey. Citation: Wake County, 1970 Z National wetlands inventory map(s). Cite name: USFWS NWI D State/local wetland inventory map(s): NFENWFIRM maps: NC FIRM maps 100-year Floodplain Elevation is: (National Geodetic Vertical Daturn of 1929) Photographs: Z Aerial (Name & Date): undated or N Other (Name & Date): site photos, undated El Previous determination(s). File no. and date of response letter: D Other information (please specify): IMPORTANT NOTE: The information rccordcd on this form has not ncccssarilv bccn vcril7icd bv the Corps and should not bc rclicd ut)on for latcr eurisdictional determinations. 0; �4-o� Signature and date of Regulatory staff member completing PJD 08/13/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) 1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 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