20231093 Ver 1_PCN Attachments_Golden Trace_20230804

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

Project Name/Description:
Date:
Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; [phone]
sandec.com
AGENT AUTHORIZATION
Golden Trace
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
S&EC Project 4 15037
Attn: David Bailey Field Office: Raleigh Regulatory Field Office
I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for
the processing, issuance and acceptance of a permit or certification and any and all associated standard
and special conditions. This notification supersedes any previous correspondence concerning the agent for
this project.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 1629-13-8501, 1629-23-1442, 1629-23-3112, 1629-23-9795 & 1629-23-7034
Site Address: 1725 New Bethel Church Road
City, County, State: Garner, Wake County, NC
APPLICANT INFORMATION:
Name: Tucker Ennis
Mailing Address: 1100 Perimeter Park Dr, Suite 112, Morrisville, NC 27560
Telephone Number: 919 960 7674
Email: tucker. ennis(cD_lennar.corn
Tucker Ennis 2/14/2023
Applicant (please print) Date
/LGCfP�Q/t. �iLfZf.�
C
Applicant Signature
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge,

Deborah Shirley
From: Deborah Shirley
Sent: Wednesday, February 15, 2023 4:54 PM
To: 401 [e-mail]
Cc: Thomas, Zachary T
Subject: DWR Pre -Filing Meeting Request- Golden Trace
Attachments: Overall Site Plan.pdf
401/Zachary:
Please see the project details below and let me know if a DWR Pre -Filing Meeting is needed.
Contact: Deborah Shirley
Contact Email address: [e-mail]
Project Applicant: Lennar Corporation -Raleigh Division; —Tucker Ennis: [e-mail]
Project Name: Golden Trace
Project County: Wake
Is this a Transportation Project: No
Types of Approvals Sought from DWR: 401 WQC-4256
Types of Approvals Sought from USACE: NWP 29
Does this project have an existing project ID#? No
Name of staff member you would like to request a meeting with, if necessary. Zachary Thomas
Brief Description of the proposed project:
The proposed Golden Trace project is located at 1725 New Bethel Church Road, Garner, Wake County, NC. The project is
approximately 35 acres. The project purpose is to construct a single-family residential development and its necessary
infrastructure including but not limited to; residential lots, roadway infrastructure, SCM's, and utilities. There is one
road crossing, one sewer crossing and a greenway crossing. See attached Overall Site Plan.
Thanks,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, INC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]

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Project Number: Map Title: N
15037.W1 0 1,000 2,000
Project Manager: Figure 1- USGS I i i i I i i i I
SB New Bethel Church Rd Feet
Scale: Garner, NC
1" = 1000'
Source: 2019 USGS Garner Soil & Environmental Consultants, P
Date: 8412 FA, of Na,- RoA. Sure 1K RA,igh. NC 27615 • Ph.- [phone] • Fa,,: (919) 846-946
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Project Number: Map Title: N
15037.W1 0 500 1,000
Project Manager: Figure 2- Soil Survey I I I I I I I I I
SB New Bethel Church Rd Feet
Scale: 1 500' Cary, NC
"=•
Date: Source: Wake County Soil
Soil & Environmental Consultants, P
11/04/2021 Survey Sheet 86 & 87 8412 Falls of Neu eRoud, Su el04 Ralec.com 27615•Phone [phone]•Fax (9l9)846-946

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-02602 County: Wake U.S.G.S. Quad: NC -Garner
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Soil and Environmental Consultants
Steven Ball
Address:
8412 Falls of Neuse Road, suite 104
Raleieh, NC 2761_5
Telephone Number:
919-691-2114
E-mail:
sballra7sandec.com
Size (acres) 45 Nearest Town Garner
Nearest Waterway Swift Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.6535
Longitude:-78.5893
Location description: The project site is approximately 45 acres located at 1725 New Bethel Church Road, near the town of
Garner. Wake Countv. North Carolina.
Indicate Which of the Followine 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 11/10/2021. 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 Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There 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
❑ 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.
❑ 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.
❑ 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.
❑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
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once

SAW-2021-02602
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.
❑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.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
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 § 1311). 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
Jam es. C:.Los t1nger{u7usacc. army.m i1.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 01/28/2022.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. if you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a 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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A.SHANNiN(4USACE. A RMY. MI L
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 O ice if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
L—.- U
Date of JD: 01/28/2022 F:xpiratig Date of JD: Not applicable

SAW-2021-02602
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
https.Hregulatoiy.00.usace.armv.mil/customer-service-stirvev/.
Copy Furnished:

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Soil and Environmental Consultants , Steven File Number: SAW-2021-02602 Date: 01/28/2022
Ball
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information maybe found at or hap— t15ace.armx.ntil,,iVftsntonsr'CiViIWorks/ Key-ulatuD ProgramandPertnits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section iI of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section iI of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a pen -nit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section Ii of this form and sending the form to the district engineer. This fonn
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR OUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: James Lastinger
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
If you only have questions regarding the appeal process you may
also contact:
MR. PHILIP A. SHANNIN
ADMINISTRATIVE APPEAL REVIEW OFFICER
CESAD-PDS-O
60 FORSYTH STREET SOUTHWEST, FLOOR M9
ATLANTA, GEORGIA 30303-8803
PHONE: [phone]; FAX [phone]
EMAIL: PI-IILIP.A.SHAWN(dUSAC.E.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of anv site investigation. and will have the oonortunity to oarticioate in all site investigations.
Date: I Telephone number:
Signature of appellant or
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, , 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room IOM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 01/28/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Soil and Environmental Consultants, Steven
Ball, 8412 Falls of Neuse Road, suite 104, Raleigh, NC 27615
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 1725 New Bethel Church
Road/Garner/Wake County, SAW-2021-02602
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 45
acres located at 1725 New Bethel Church Road, near the town of Garner, Wake County, North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Wake City: Garner
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.6535 Longitude:-78.5893
Universal Transverse Mercator:
Name of nearest waterbody: Swift Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑X Office (Desk) Determination. Date: January 28, 2022
Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAYBE" 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"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
A
35.6570
-78.5837
2854 LF
Non -wetland
Section 404
C
35.6543
-78.5874
988 LF
Non -wetland
Section 404
D
35.6541
-78.5883
95 LF
Non -wetland
Section 404
E
35.6558
-78.5867
932 LF
Non -wetland
Section 404
W1
35.6569
-78.5841
0.11 acre
wetland
Section 404
W2
35.6568
-78.5851
0.04 acre
wetland
Section 404
W3
35.6572
-78.5857
0.17 acre
wetland
Section 404
W4
35.6569
-78.5873
0.03 acre
wetland
Section 404
W5
35.6542
-78.5882
0.02 acre
wetland
Section 404

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
NMaps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: attached dated 11/10/2021
NData sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
❑Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑Corps navigable waters' study:
NU.S. Geological Survey Hydrologic Atlas:
NUSGS NHD data:
❑ USGS 8 and 12 digit HUC maps:
NU.S. Geological Survey map(s). Cite scale & quad name: Garner Quad
NNatural Resources Conservation Service Soil Survey. Citation: Wake Courtly, 1970. sheet 86 and 87
❑National wetlands inventory map(s). Cite name: USFWS NWI
❑ State/local wetland inventory map(s):
NFEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑Photographs: N Aerial (Name & Date): undated
or ❑ Other (Name & Date):
[]Previous determination(s). File no. and date of response letter:.
❑Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Cor s
and should not be relied upon for later Wrisdietiunal determinations.
Signature and date of Regulatory
staff member completing PJD
01 /28/2022
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.

Detailed Delineation of Waters of the US
Evaluation Area s,,-IbleroIPr,I,-,, p•PlanningOnly
■ Potentially Jurisdictional Perennial Stream s&.EC �e�—., the r,gh, In nods-fl— map based on mo e bend« ork,
nd any other add,tianal 1 if-- in. Appro nations a napped n. ,,,g
topog�aphlc maps, ail p' os and gro nd , u,l,ing. If I s going s
I.
4%%D— Potentially Jurisdictional Intermittent Stream o be d,s nrb,d. s&EC s de,aded del,vc ahem should be ,pprm'ed and
pern ut ted by d,e U.S. A":�• Corps of Englnee s I eNu„ed- If the ,ser of -�
Potentially Jurisdictional Wetland ans—k]—� , mapof1-^eg,fl—drentI -naggedby
s&EC,, 1— should re ,di, a INC Reg;sl ed Pmress onal1L—I sun'eyor
Potential 50' Neuse River Riparian Buffer Iota" s&Ec's nagg,ng.
Wake County 2' Contour
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Wetland Sketch Map 0 250 500 1,000 Feel N
New Bethel Church Rd
Project No. Scale: Garner, NC
15037.W 1 1" = 250, Aerials from NC One Map
Sail & En+viru:xtoutentai CvnsailtAuts, PA
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DocuSign Envelope ID: 58013D46-8FB9-40BC-ACE1-495A93D5BC89
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Paul L.III and Jennifer Jill Bryan
1805 New Bethel Church Rd
Garner, NC 27529-8866
William W. Jr. and Amanda H Bryan
1709 New Bethel Church Rd
Garner, NC 27529-8864
Robert Lewis Bryan
1813 New Bethel Church Rd
Garner, NC 27529-8866
Timothy S. Bryan
7620 Windaliere Dr
Cornelius, NC 28031-8738
NORTH CAROLINA
Environmental Quality
December 7, 2021
Subject: Buffer Determination Letter
NBRRO #21-430
Wake
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 213 .0714)
❑ Tar -Pamlico (15A NCAC 213 .0734)
❑ Intermittent/Perennial Determination (where local
buffer ordinances apply)
❑ Jordan (15A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name
Address/Location:
Stream(s):
New Bethel Church Rd
1709 — 1817 New Bethel Church Rd, Garner, NC 27529
UTs to Swift Creek
Determination Date: December 6, 2021
Staff: J. Chris Smith
Feature
E/I/P111
Not l2)
Subject
Start @
Stop @
Soil
USGS
Subject
Survey
To o
A
I/P
X
Start: DWR Flag (35.65725,-78.582222)
X
X
Stop: Off Site
B
I/P
X
Off Site
X
C
I
X
Present Throughout
X
Pond 1
N/A
X
NP
X
X
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
IJOR7H CAROLINA
919.791.4200

DocuSign Envelope ID: 58013D46-8FB9-40BC-ACE1-495A93D5BC89
New Bethel Church Rd
Wake
December 7, 2021
Page 2 of 2
(1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable
(2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water
quality standards and permitting requirements.
Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale.
Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
"Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer
rules. There may be other streams located on the property that are not depicted on the maps referenced above and
are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject
to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B,
and may be considered jurisdictional according to the US Army Corps of Engineers.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR
— 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. If sending via delivery
service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street;
Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact J. Chris Smith at [phone].
Sincerely,
DocuSigned by:
Sit
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: RRO DWR File Copy
Laserfiche
Contact via e-mail at jharvey(&sandec.com
OeparMen! of EnNranmenlal Qualll�
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
919.791.4200

DocuSign Envelope ID: 58013D46-8FB9-40BC-ACE1-495A93D5BC89
21-430
New Bethel Church Rd
Wake
I,FFORD
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a ,
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DocuSign Envelope ID: 58013D46-8FB9-40BC-ACE1-495A93D5BC89
21-430
New Bethel Church Rd
Wake
III
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Feature A
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Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; [phone]
sandec.com
To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
November 19, 2021
S&EC Project No: 15037.W5
Re: Online Project Review Request, New Bethel Church Road, Garner — Wake County, North
Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office's online project
review process and have followed all guidance and instructions in completing the review. We completed
our review November 19, 2021 and are submitting our project review package in accordance with the
instructions for further review.
Our proposed action consists of: A planned residential development.
The location of the project and the action area are identified on the enclosed maps.
New Bethel Church Road (35.654262,-78.587799). The site is located at 1817 New Bethel Church
Road, Garner — Wake County, North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 15, 2026.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 29.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at [e-mail]
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Enclosures:
1. Project Request Review Package 6. FWS Official Species List
2. S&EC T&E Species Report 7. Nf1P Report
3. Vicinity Maps 8. FWS Species Conclusion Table
4. S&EC Photo Report 9. FWS Self -Certification Letter
5. Preliminary Site Plan

Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandee.com
November 19, 2021
S&EC Project No.: 15037. W 5
To: Lennar Carolinas, LLC
Attn: Charlie Yokley
1100 Perimeter Park Drive, Suite 112
Morrisville, NC 27560
Re: THREATENED & ENDANGERED SPECIES REPORT
New Bethel Church Road (+/- 45 acres)
1817 New Bethel Church Road, Garner, Wake County, NC
Dear Mr. Yokley:
On November 10, 2021, Soil & Environmental Consultants, PA (S&EC) evaluated the New Bethel
Church Road property shown on the attached maps for potential endangered species. The property is
located at 1817 New Bethel Church Road in Wake County, NC. Surface waters on -site flow into Swift
Creek in the Neuse River Basin, which has been classified in the "Classification and NC DWQ Standards
Applicable to Surface Waters and Wetlands of North Carolina" as C; NSW.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types, and looking for evidence of the listed species on -site. This survey
did not include any detailed sampling or netting. The results of the search are discussed below.
New Bethel Church Road - S&EC Threatened & Endangered Species Report
Page 1 of 7

November 19, 2021
S&EC Project #15037.W5
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Red -cockaded Woodpecker (Picoides borealis), Endangered
• Neuse River Waterdog (Necturus lewisi), Proposed Threatened
• Carolina Madtom (Noturus furiosus), Proposed Endangered
• Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened
• Dwarf Wedgemussel (Alasmidonta heterodon), Endangered
• Yellow Lance (Elliptio lanceolata), Threatened
• Michaux's Sumac (Rhus michauxii), Endangered
Of the species identified on the official species list, the NHP report did identify Federally threatened
and endangered species within one mile of the project area. The NHP report listed elemental
occurrences from 2020 for Dwarf Wedgemussel and Atlantic Pigtoe. The report also listed an
elemental occurrence from 2015 for the Yellow Lance. Other State listed species were found within the
project area as listed in the attached NHP report. The NHP report identified one natural area and three
managed areas within the project area or within one mile of the project area. These are listed out in the
attached NHP report. One of the managed areas within 1 mile of the project is USFWS critical habitat
for the Yellow Lance.
RED -COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and
individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual
RCWs within the project area. The NHP report did not list any known elemental occurrence within the
project area or within one mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine
forests) within the project area. Given the lack of species present, and no presence of suitable habitat
we concluded that the project would have "No effect" on RCWs.
NEUSE RIVER WATERDOG (Necturus lewis):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the
project area or within one mile of the site. This species is found in the Neuse River and Tar River
New Bethel Church Road- S&EC Threatened & Endangered Species Report
Page 2 of 7

November 19, 2021
S&EC Project #15037.W5
basins. The suitable habitat this species is found in is typically medium to large streams and rivers with
a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and
pools. While we did not specifically sample for the species, we also did not find any evidence of the
species while conducting our preliminary surveys of the streams for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial
streams on -site were +/-4 feet wide with medium baseflow and had a sandy substrate. Additionally, the
other streams on -site did not have suitable habitat. Due to these observations, we have concluded that
the project would have "No effect" on the Neuse River Waterdog.
CAROLINA MADTOM (Noturus furiosus):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Carolina Madtom. The NHP report did not list any known elemental occurrence within the project
area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The
suitable habitat this species is found in is also medium to large streams and rivers with a moderate
gradient and large bed material. The Carolina Madtom also needs continuous year-round flow and
cover for nesting habitat. While we did not specifically sample for the species, we also did not find any
evidence of the species while conducting our preliminary surveys of the streams for potential suitable
habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial
streams on -site were +/-4 feet wide with medium baseflow and had a sandy substrate. Additionally, the
other streams on -site did not have suitable habitat. Due to these observations, we have concluded that
the project would have "No effect" on the Carolina Madtom.
ATLANTIC PIGTOE (Fusconaia mason):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did list a known elemental occurrence from 2020 within one mile of the site.
The suitable habitat for this species consists of medium sized creeks to large rivers with excellent water
quality. This species typically lives in streams with coarse sand and gravel with moderate to high flowing
New Bethel Church Road- S&EC Threatened & Endangered Species Report
Page 3 of 7

November 19, 2021
S&EC Project #15037.W5
water. While we did not specifically sample for the species, we also did not find any evidence of the
species while conducting our preliminary surveys of the streams for potential suitable habitat
Our preliminary survey concluded that potential suitable habitat does exist on -site. The 2nd order
perennial stream on -site was +/-4 feet wide with medium baseflow and had a sandy substrate.
Additionally, the other streams on -site did not have suitable habitat. Given the close proximity to Swift
Creek and potential habitat on -site, we have concluded that the project would "May affect, not likely to
adversely affect" the Atlantic Pigtoe. Please note that there is no proposed impacts to perennial streams
on -site or riparian buffers.
DWARF WEDGEMUSSEL (Alasmidonta heterodon):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did list a known elemental occurrence from 2020 within one mile of the site.
The Dwarf Wedgemussel has little to no preference for stream size, flow condition or bed material.
Based on guidance from the USFWS staff, only 2nd order and larger perennial streams are considered
suitable habitat. While we did not conduct detailed mussel surveys, no mussels (of any species) were
observed during the preliminary suitable habitat survey.
Our preliminary survey concluded that potential suitable habitat does exist on -site. The 2nd order
perennial stream on -site was +/-4 feet wide with medium baseflow and had a sandy substrate.
Additionally, the other streams on -site did not have suitable habitat. Given the close proximity to Swift
Creek and potential habitat on -site, we have concluded that the project would "May affect, not likely to
adversely affect" the Dwarf Wedgemussel. Please note that there is no proposed impacts to perennial
streams on -site or riparian buffers.
YELLOW LANCE (Elliptio lanceolata):
S&EC personnel conducted preliminary surveys of the streams on site for potential suitable habitat for
the Yellow Lance (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did list a known elemental occurrence from 2015 within one mile of the site.
The suitable habitat for this species consists of medium sized rivers and small creeks with excellent water
New Bethel Church Road- S&EC Threatened & Endangered Species Report
Page 4 of 7

November 19, 2021
S&EC Project #15037.W5
quality. This species typically lives in streams with clean, coarse sand, and gravel with moderate to high
flowing water. While we did not specifically sample for the species, we also did not find any evidence
of the species while conducting our preliminary surveys of the streams for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does exist on -site. The 2nd order
perennial stream on -site was +/-4 feet wide with medium baseflow and had a sandy substrate.
Additionally, the other streams on -site did not have suitable habitat. Given the close proximity to Swift
Creek and potential habitat on -site, we have concluded that the project would "May affect, not likely to
adversely affect'' the Yellow Lance. Please note that there is no proposed impacts to perennial streams
on -site or riparian buffers.
MICHAUX' S SUMAC (Rhos michauxii):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux's sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux's Sumac species within the project area. The NHP report
did not list any known elemental occurrence within the project area. We found suitable habitat within
the project areas to include primarily disturbed open areas along fields, easements, and roads. It should
be noted that this preliminary survey was done outside of the optimal survey window (May -October),
but the species on the reference site still had visible leaves. Given the lack of species present within the
areas believed to be suitable habitat, we concluded that the project would have "No effect" on
Michaux's sumac. We recommend consulting with the USFWS to see if follow up surveys within the
optimal survey window will be necessary.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests on -site or within one
mile of the site. Given the lack of species present, we have concluded that the project is "Unlikely to
disturb nesting bald eagles". We believe no Eagle Act Permit is required.
New Bethel Church Road- S&EC Threatened & Endangered Species Report
Page 5 of 7

November 19, 2021
S&EC Project #15037.W5
NORTHERN LONG-EARED BAT (Myotis septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB's) within the project area. During our survey, we found no individual species.
Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the
Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific
section 7 responsibilities." Due to the nature of the project being residential development, we
concluded that the project would "May affect, but not likely to adversely affect" NLEB's.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the FWS
in their conclusion letters, we have concluded that it appears the proposed project is not likely to
adversely affect any federally listed endangered or threatened species, their formally designated
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. Preliminary Site Plan
6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected
by your proposed project. Official Species List. November 4, 2021.
7. NHP report: November 4, 2021.
8. S&EC — FWS Species Conclusion Table. November 19, 2021.
9. S&EC — FWS Self -Certification Letter. November 19, 2021.
New Bethel Church Road- S&EC Threatened & Endangered Species Report
Page 6 of 7

November 19, 2021
S&EC Project #15037.W5
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaQ & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masoni). Version
1.2. March 2017. Atlanta, GA.
-U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.
-U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis)
Second Revision. Atlanta GA 316 pp.
-U.S. Fish and Wildlife Service/ Southeast Region. 2019. Carolina Madtom. Species Profile.
https://www.fws.gov/southeast/wildlife/fishes/Carolina-madtom/.
- U.S. Fish and Wildlife Service/ Southeast Region. 2019. Neuse River Waterdog... Species Profile.
https: //www.fws. gov/southeast/wildlife/amphibians/neuse-river-waterdog/
New Bethel Church Road- S&EC Threatened & Endangered Species Report
Page 7 of 7

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Scale: Wake County, NC
1" = 1000' •
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Job #: 15037.W5
November 19, 2021
Threatened and Endangered Species Photo Report for the New Bethel Church Road
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November 19, 2021

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: November 04, 2021
Consultation Code: 04EN2000-2022-SLI-0207
Event Code: 04EN2000-2022-E-00466
Project Name: New Bethel Church Road
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or

11/04/2021 Event Code: 04EN2000-2022-E-00466 2
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and bLtp://www.fws.gov/migratoEybirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office atjohn—[e-mail].

11/04/2021 Event Code: 04EN2000-2022-E-00466
Attachment(s):
• Official Species List

11/04/2021 Event Code: 04EN2000-2022-E-00466
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

11/04/2021 Event Code: 04EN2000-2022-E-00466
Project Summary
Consultation Code: 04EN2000-2022-SLI-0207
Event Code: Some(04EN2000-2022-E-00466)
Project Name: New Bethel Church Road
Project Type: DEVELOPMENT
Project Description: This project is located in Wake County, NC and is approximately 45
acres.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/@35.6550454,-78.58681043786183,14z
c r"1n �o sta
Nr.,y ,,._I,+i
��
Counties: Wake County, North Carolina

11/04/2021 Event Code: 04EN2000-2022-E-00466
Endangered Species Act Species
There is a total of 8 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME S TATU S
Red -cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Amphibians
NAME S TATU S
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/6772
Fishes
NAME
STATUS
Carolina Madtom Noturus furiosus Endangered
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/528

11/04/2021 Event Code: 04EN2000-2022-E-00466 4
Clams
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni
Proposed
There is proposed critical habitat for this species. The location of the critical habitat is not
Threatened
available.
Species profile: https://ecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/784
Yellow Lance Elliptio lanceolata
Threatened
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/4511
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
STATUS
Candidate
STATUS
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

Roy Cooper, Governor
■ ■■■
lr■■ ■ INC DEPARTMENT OF
0■,■i NATURAL AND CULTURAL RESOURCES
■ ■■
November 4. 2021
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: New Bethel Church Road; 15037.W5
Dear Robert Zarzecki:
❑. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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07 Or uas.
iy MAI & WILDLIFE
SERVICE
E
N o United States Department of the Interior
a
FISH AND WILDLIFE SERVICE
cH s,
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:
November 18, 2021
Self -Certification Letter
ProjectName New Bethel
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
❑,.no effect" determinations for proposed/listed species and/or
✓ proposed/designated critical habitat; and/or
❑✓ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
0 "no Eagle Act permit required" determinations for eagles.

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

From: Matthews, Kathryn H
To: Mason Montoomerv; Ellis, John
Subject: Re: [EXTERNAL] FW: New Bethel ME submittal
Date: Wednesday, February 15, 2023 3:21:40 PM
Hey Mason,
John reviewed that project with no comments when it was submitted. We appreciate that no
perennial reaches or buffer areas are proposed for impact. I think we can still concur with
that due to the distance from Swift Creek. However, we are more and more concerned with
cumulative impacts of development in the Swift Creek watershed, so we will probably
recommend that the Corps' permit include stringent erosion controls.
For tricolored bat, we are probably going to be consistent with whatever the national experts
come up with for the rangewide population, which will likely include winter tree -cutting
windows. Because they may roost in culverts year-round in the piedmont, tricolored bat may
also be affected by culvert removal or modification (if they are present), but it doesn't seem
like that is proposed for this project. If you are proposing culvert modification or removal of a
culvert greater than 24-30 inches in diameter, then we should probably talk some more about
it. Installation of new culverts is not likely to adversely affect tricolored bat.
I hope this is helpful.
Please note that I am teleworking Wednesday through Friday, every week. Email is the best
way to reach me. Thanks,
Kathy Matthews
NC Renewable Energy Coordinator &
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
919-856-4520, x. 27
From: Mason Montgomery <[e-mail]>
Sent: Monday, February 13, 2023 2:01 PM
To: Ellis, John <[e-mail]>
Cc: Matthews, Kathryn H <[e-mail]>
Subject: [EXTERNAL] FW: New Bethel T&E submittal
This email has been received from outside of DOI - Use caution before clicking on
links, opening attachments, or responding.

John,
I wanted to reach out on the New Bethel project because we are moving into permitting and I did
not receive any comments on this project report. Did FWS concur with our determination back in
2021? Also, given the recent listings of TCB, does the service expect any issues with this project, and
if so would the service prefer an updated report? Let me know your thoughts or if you have any
questions.
Thank you,
Mason L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
mmontgomerv(@sandec.com
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information.
This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations
included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing
the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying ofthis
communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the
original communication from your system. Thank you.
APlease consider the environment before printing this email.
From: Mason Montgomery
Sent: Tuesday, November 23, 2021 5:45 PM
To: Raleigh, FW4 <[e-mail]>
Cc: Steven Ball <[e-mail]>
Subject: New Bethel T&E submittal
Hello,
Attached is the threatened and endangered species report for the new bethel property located in
Wake County, NC. S&EC is submitting for concurrence. Please let me know if any additional
information is needed to make the determinations.
Thank you,
Mason L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104

Raleigh. INC 27615
Office [phone]
Direct [phone]
Mobile [phone]
mmontgomerv(@sandec.com
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information.
This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations
included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing
the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying ofthis
communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the
original communication from your system. Thank you.
APlease consider the environment before printing this email.

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
January 11, 2022
Camden Brunick
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
cbrunickgsandec.com
Re: Construct residential development, 1817 New Bethel Church Road, Garner, Wake County,
ER 21-2915
Dear Mr. Brunick:
Thank you for your letter of November 19, 2021, regarding the above -referenced undertaking. We
apologize for the delay and any inconvenience it may have caused. We have reviewed the submittal and
offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental. review(cr,,ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
(� State Historic Preservation Officer
Location: 109 East Jones Street Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

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PROJECT NO. LEN-21003
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LEGEND
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