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HomeMy WebLinkAbout20231269 Ver 1_Attachments_20230912AGENT AUTHORIZATION "f AGENT AUTHORIZATION I RIGHT OF ENTRY FORM Date: 11-23-21 Project Information S&ME Project Name: WCPSS E-53 School Site Type of Project: Institutional Location: Apex, Wake County, NC - Property Owner/]Representative Information Business Dame: Wake County Public School System Mailing Address: i 11 Corning Road, Suite 190 City, State, Zip Code: Cary, NC 27518 Telephone No. / Email (919) 588-3570 / malites wwcpss.net Contact: Mr. Marky Liles Agent Information Business Name: Street Address: City, State, Zip Code: Telephone No. Contact: S&ME, Inc. 3201 Spring Forest Road Raleigh, NC 27616 919-872-2660 Mr. Walter Cole Authorization: I, 140 L on behalf of lalrector, Project Management, W L S WCPSS, for and on behalf of the (Name of Landowner or Duly Authorized Agent) Waite County Board of Education pursuant to duly delegated authoi lty, a duly authorized owner of record of the property/ properties identified herein, hereby authorize S&ME to act as agent with the USCAE in coruiection with the above -mentioned project. By signing above, I also authorize representatives of the Wilmington District, U.S. Anny Corps of Engineers (Corps) to enter upon the property herein described for the purposes 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 River and Harbors Act of 1889. 1, the above signed, 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. Ashley Steele Bentz From: Ashley Steele Bentz Sent: Thursday, August 10, 2023 10:58 AM To: 401 Pre File Subject: E43 - Pleasant Plains Elementary School This is the prefiling nofice for a proposed elementary school at 1325 South Salem Street in Apex, Wake County, North Carolina. Please contact me with any quesfions or concerns. Thanks, Ashley Ashley Bentz, PWS Project Scientist S&ME • 3201 Spring Forest Road S Raleigh, NC 27616 map I I M: 919.896.0758 // 0: 919.872.2660 www.smeinc.com _ Linkedln // Twitter// Facebook This electronic message is subject to the terms of use set forth at www.smeinc.com/email. If you received this message in error, please advise the sender by reply and delete this electronic message and any attachments. Please consider the environment before printing this email. USACE PJD CONFIRMATION Ashley Steele Bentz From: Walter Cole Sent: Thursday, August 24, 2023 12:05 PM To: Ashley Steele Bentz Subject: Fwd: Wake County Public School E-53 Site / Apex / Wake County / SAW-2021-02534 / JD Request Attachments: Feature Exhibit.pdf Get Outlook for iOS From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Friday, September 23, 2022 1:22:32 PM To: Walter Cole <WCole@smeinc.com> Subject: Wake County Public School E-53 Site / Apex / Wake County / SAW-2021-02534 / JD Request This message originated outside of S&ME. Please report this as phishing if it implies it is from an S&ME employee. Dear Walter, Reference is made to ORM ID SAW-2021-02534, please reference this number on any correspondence regarding this action. On 01/13/2022, we met at the above referenced site in Wake County, North Carolina to review the boundaries of the aquatic resources delineation you submitted on 11/24/2021. We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified Proposed Site. The location and extent of these aquatic resources are shown on the delineation map, labeled Feature Exhibit. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lcoll9/id/l256 provides guidance for Jurisdictional Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been requested". At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. "This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. Lyle Phillips Regulatory Specialist US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 25. Fax: (919) 562-0421 Email: George.L.PhillipsPusace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatorV.ops.usace.army.mil/customer-service-survey/ . Thank you for taking the time to visit this site and complete the survey. 2 IMPACT EXHIBITS `� - -- - - - , - , " " - -=- _ -- = , ---- - - - , - - - - - - _- _ - , , " , -- _- ------------- o /r r ------------- 21( \ _ J d yr �w / , , • ---'If d� `+.. $ i 6 �nsa leg =a 9 $ "11 9HRSs m 8,5 Rya z e i jI o^ m Hfl i!M g Ell i iz—®�—oe�dsu®o op•®Ao®off"s �S ;;5gq pp f gyp'" sum € !so :STOo oon anon ,,.Po NO Ell my �z PLEASANT PLAINS (E-53) G) ELEMENTARY SCHOOL D m y WAKE COUNTY PUBLIC SCHOOLS $ 3 p D i mu, Nc nsoz men 6 N CA N OJ N CO cu I I I I O m I O m I O m I O D m D C o v lu > z � > m z 0 D l > m 0 D � > m 0 D 0 _0 m D D ui F— rm D O O O O O O O O m fTl O O O O O O O O D (A O O O O O O O 00 CD J � � Clt W D ow t 2 a 4 co y PLEASANT PLAINS (E-53) ld a` p ELEMENTARY SCHOOL mo WAKE COUNTY PUBLIC SCHOOLS $� g i3 z mu, Nc nsoz semen 1 D N N N N m m m O O O O -I Z Z Z Z m m m m D D D D 0 0 o m cn Z Z 0 Z 0 Z 0 D m m D m D m D m D D m �o F- D O O O O O O O O m m O O O O O O O O D CA O O O O O O O Oo co J UI W D O Li 12 ,Fz I ad plc �y DLR Group PLEASANT PLAINS (E-53) i N I ELEMENTARY SCHOOL d I L 'e KE �WNM co m y= WAKE COUNTY PUBLIC SCHOOLS s gg� $ g A 0 z mu,Nc nsoz Sloan �3 6 � Uj PROTECTED SPECIES DOCUMENTATION United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0121223 Project Name: E53 Pleasant Plains Elementary School August 24, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the 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 IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 08/24/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https: //www. fws. gov/sites/default/files/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to META and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. 08/24/2023 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List ■ Migratory Birds OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 08/24/2023 4 PROJECT SUMMARY Project Code: 2023-0121223 Project Name: E53 Pleasant Plains Elementary School Project Type: New Constr - Above Ground Project Description: Proposed elementary school site Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)35.7136124,-78.87926454557109,14z .Q7 9 Counties: Wake County, North Carolina 08/24/2023 ENDANGERED SPECIES ACT SPECIES There is a total of 6 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws.gov/ecp/species/10515 BIRDS NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 FISHES NAME STATUS Cape Fear Shiner Notropis mekistocholas Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6063 CLAMS NAME STATUS Atlantic Pigtoe Fusconaia mosoni Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5164 08/24/2023 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: htips://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. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treated Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) MIGRATORY BIRD INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED. PLEASE CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION. MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits 08/24/2023 may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding_, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 08/24/2023 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, 08/24/2023 should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 08/24/2023 IPAC USER CONTACT INFORMATION Agency: S&ME, Inc. Name: Ashley Bentz Address: 3201 Spring Forest Road City: Raleigh State: NC Zip: 27616 Email abentz@smeinc.com Phone: 9198960758 Roy Cooper, Governor �■■■ i V NC DEPARTMENT OF ' � ■■r.■■ NATURAL AND CULTURAL RESOURCES August 24, 2023 Ashley Bentz S&ME, Inc. 3201 Spring Forest Road Raleigh, NC 27616 RE: E53 Pleasant Plains Elementary School Dear Ashley Bentz: 0_ Reid Wdson, Secretary Misty Buchanan Deputy Director, NatLsral Heritage P`rograni NCNHDE-23110 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.ciov/offices/Di rectory/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 rodney.butlerCc ncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTM5NT OF NATURAL AND CULTURAL RESOV CES 0 1a 1 w. JonECS STREET RALEiGFq. NC_ 27604 - 1651 HA;L 'ERVICE CENTER. RALE164. INC 27699 OFC 919.7C179120 • 1<AX 919,704DU1 / , 0 w x x ec > Aa3 // o o z& J 6}® 9 2 e = 0 3 \ / ® © / / J 2; 3 \ / » % \} > } / \\ \ z a a m} _ \ \ n e a © }\ O o / o \i / � /\/ \/ / _ \\ \/ \/ 3 CDx / / \ \ / 6 n) \ \ \0 — / i » /ƒ \ \ \ / / / / /\ ) r yy T \ / / \ / y \ / / £ % y§. / z } / g \ \ ƒ7 2 / \ o s / s © \ s 0 \ sOm»\ o \ e o \J{4 \\ \ g } \/ }° : p ` \FTI rD ^ o J �} �\/ \\ (D� \ \\ 0 E\ x {\ /\ %/ ' ' \E =9 \ \ °» {0 %g 9 / ° / n j ° J \ § / J / z � / \ A o / \ © © / / s — & / / N g a = 4 ƒ so k / m e } z^ J z 2 I N W s 1 C) m cn ca m CD 0) Zn U) m CD 3 CD r--f r/� V 0 0 FEMA FIRMETTE 4 F-} {h 4 4 4 4 2 C c + 14 �r � 3 f � + a P �r�• x� x� i � 8 w S G z w t- 0� n 0 0 n 77 N CD BUFFER DETERMINATION LETTER DocuSign Envelope ID: 33015BO3-289A-48A8-87EC-BAOD606ACA7A ROY COOPER Governor ELIZABETH S. BISER Secretory S. DANIEL SMITH Director Marky Liles Wake County Public Schools I I I Corning Road, Suite 190 Cary, NC 27518 Dear Mr. Liles: NORTH CAROLINA Environmental Quality December 21, 2021 Subject: Buffer Determination Letter WCPSS E-53 School Site Wake County NBRRO 421-410 On December 10, 2021, Alys Hannum of the Division of Water Resources (DWR) Raleigh Regional Office conducted an on -site review of the features located on the WCPSS E-53 School Site at the request of S&ME Inc., to determine the applicability of the Jordan Lake Water Supply Watershed Buffer Rule, Title 15A North Carolina Administrative Code 02B .0267. The table and maps below summarize the features evaluated for subjectivity to the Jordan Lake Water Supply Watershed Buffer Rule. Features that are identified as "Subject" have been located on either the most recent published NRCS Soil Survey of Wake County or the most recent copy of the USGS Topographic map, have been located on the ground, and possess characteristics that qualify them to be at least intermittent streams. Features that are identified as "Not Subject" are not located on either of the required maps, are not present on the property, or have been determined not to be at least intermittent. There may be other streams or features on the property that may be considered jurisdictional according to the US Army Corps of Engineers and therefore subject to the Clean Water Act. This project may require a Section 404/401 Permit for proposed activity within buffers or within waters of the state. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. North Carolina Department of Environmental Quality I Division of Water Resources t Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 o�.,ren w r�..a��n.wars 919,791,4200 DocuSign Envelope ID: 33015BO3-289A-48A8-87EC-BAOD606ACA7A WCPSS E-53 School Site Wake County December 21, 2021 Page 2 of 3 Determination Type: Buffer Intermittent/Perennial ❑ Neuse (15A NCAC 2B .0714) ❑ Tar -Pamlico (15A NCAC 2B .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): Determination Date: WCPSS E-53 School Site Intersection of South Salem St & 1-540, Apex, NC Big Branch December 10, 2021 Staff: Alvs Hannum Feature E/I/P* Not Subject Subject Start @ Stop @ Soil Survey USGS To o DEQ Flag Property A I X (35.71484, - Boundary X 78.87869) DEQ Flag DEQ Flag B I X (35.71297, (35.71260, X -78.87793) -78.87888 * E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A = Not Applicable, N/E = Not Evaluated 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. North Carolina Department of Environmental Quality I Division of Water Resources _ Raleigb Regional Office 13800 BarrettDrive I Raleigh, North Carolina 27609 919,791.4200 DocuSign Envelope ID: 33015BO3-289A-48A8-87EC-BAOD606ACA7A WCPSS E-53 School Site Wake County December 21, 2021 Page 3 of 3 This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days of the date of this letter. If you have questions regarding this determination, please contact Alys Hannum, of my staff, at alys.hanumnncdenr.gov, or by telephone at (919) 791-4255. Sincerely, DOCUSigned by: BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office cc: RRO DWR File Copy/Laserfiche Marky Liles, Wake County Public Schools (malileskwcpss.net) Walter Cole, S&ME Inc. (wcoleksmeinc.com) North Carolina Department of Environmental Quality I division of Water Resources E kV f Raleigh Regional Office 13$QQ Barrett Drive I Raleigh, North Carolina 27609 919.791,4700 DocuSign Envelope ID: 33015BO3-289A-48A8-87EC-BAOD606ACA7A WCPSS E-53 School Site Wake County, NC-DWR Project #21-410 % - 1 B: Subject 0-10� C J _ src IF �/ B: Subject K&O, NRCS Soil Survey Sheet 74 Base map provided by Wake Co., NC 1970 3''A 5&ME Inc. Legend: sy - Locations are approximate and are provided for -project boundary •"��. reference only:: M LJ V DocuSign Envelope ID: 33015BO3-289A-48A8-87EC-BAOD606ACA7A WCPSS E-53 School Site Wake County, NC-DWR Project #21-410 GRADING PLANS €111 11H MUM IN, H till! 111 jj 1.1 1 fill Non !Jill, i RE RJR U R,11 ! 111;!! 1111 1. 11 0 i1ji pill MR Rill P j111HIJ Hij.1 rl na -H:�Vl.. lin ;l a 9 ;igll ill H -1 1 Rill HA -5 0➢ fill, 11 1 111 11 51111H 11 'V g UPH1,11 -;18W1H Aga 1. 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