20231298 Ver 1_Peyton Estates_PCN Attachments_20230918

Environmental Consultants,
9412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; [phone]
sandec.com
APPLICANT CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: VICTORY CHURCH ROAD SUBDIVISION S&EC Project 410474
Date: 2023
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Lyle Phillips (or assigned)
USACE Regulatory Field Office: Raleigh
I, the undersigned, a duly authorized contract purchaser and applicant for the property/properties
identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff (as my agent) to enter upon the property
herein described for the purpose of conducting on -site investigations and issuing a determination
associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water
Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC (as
my agent) to act on my behalf and take all actions necessary for the processing, issuance and acceptance
of a permit or certification and any and all associated standard and special conditions. This notification
supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site
meeting prior to visiting the site.
PARCEL INFORMATION:
12421 Victory Church Road, Raleigh, Wake County, NC (physical location)
Area: +/- 10.5 acres PIN: 0789263820 Deed: Book 002424 / Page 00-E- Lat/Long: 35.939080 /-78.721490
Watershed: Upper Barton Creek, 27-1541), WS-IV;NSW, Neuse 03020201-0602
APPLICANT/CONTRACT PURCHASER:
Name: Hytner Bednaz Holdings, LLC (aka HB Holdings)
Address: PO Box 91024, Raleigh, NC 27675 / 8825 Westgate Park Drive 4102, Raleigh, NC 27617
Phone No.: [phone]
Email: Scott(a?hbhholdinas.com
Applicant /
(please print)
Applicant / Contract Purchaser Signature
8/03/23
Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge,

From: Mason Montgomery
To: 401PreFileCcbncdenr.aov
Cc: Bob Zarzecki; zachary.thomasCabncdenr.gov
Subject: DWR Pre -Filing Meeting Request - Victory Church Road Subdivision
Date: Monday, August 7, 2023 8:25:00 AM
Attachments: 0400 - C3.0 GRADING AND DRAINAGE PLAN.pdf
401/Zachary:
Please see the project details below and let me know if a DWR Pre -Filing Meeting is needed.
Contact: Bob Zarzecki
Contact Email address: bzarzeckina sandec.com
Project Applicant: Hytner Bednaz Holdings, LLC; — Scott Bendaz: scottna hbhholdings.com
Project Name: Victory Church Road Subdivision
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 Victory Church Road Subdivision project is located at 12421 Victory Church Road,
Raleigh, Wake County, NC. The project is approximately 10.5 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 & sewer
crossing. See attached Overall Site Plan.
Thanks,
Mason L. Montgomery
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road. Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]

y. v
0
tr REG LWOOD,DR
A.
i
CREEK LN to v
UL
A0 o
J
f � Q Q ��o • 3��, �' Qoo
a
y Sp n o9,y �'�•y v +• Ls� iOp
y A/o° R E �p WAY Gyp`
f AMO
�a�
r `moo
3 FC o s�
2 ti 44
�z O j s, rF4p; 2
NC}C n r for Geographio Informa,io.n &Anal si
Project Number: Map Title: N
10474. W 1 0 1, 500 3,000
Project Manager: Figure 1- USGS Map I I I I I I I I
SB Victory Church Road, Feet
Scale: 11500' Wake County, NC
" = •
Soil & Environmental Consultants, PA
Date: Source: 2019 NC
10/14/2019 Bayleaf Quad 8412 Falls of Neu eRoud, Su e104,eiBh,NC 27615•Phone [phone]•Fax [phone]
amdeecom

CO r
d B
COD
CeU
s
PC
ti. nD2
nC2
r -
eD i A C 82.
WY n B
CO
G
CeD
e
m ApD Cge2
NI
CeD
1
Age;_-
Ce
__ A p D
4,
Cg
gC2
NC Center for Ge gr p i Ifarm i .m,.& n I is
Project Number: Map Title: N
10474.W1 0 500 1,000
Project Manager: Figure 2- Soil Survey I I I I I I I I I
SB Victory Church Road, Feet
Scale: 1 500' Wake County, NC
"=•
Source: Wake County Soil Survey
Soil & Environmental Consultants, PA
Date: 8412 Falls ofN.— Road, 6ui. 104, Raleigh' NC 27615 • Ph...: [phone] • Pas: [phone]
10/14/2019 Sheets 12, 17 (inset), 18, and 19 ,.dc —

TSLO-d 9su93!1 S138ON NVId llb'l13AO
96E9-SE17-616
TLSLZON'ap!-a!oa 018X080d
S9NIdlOH 9H 7N')d NnoD 3JIVM o ri
sl UMU3!!A!OVu!;!nS000 r7 m
AuedwoZ) nBN 041 \Y��I S31ViS3 NOiA3d
�A8 038tld38d �1N3N]
O
a
0
0
u
0
1 I /
1 1
1 � I
1 I 1
I 1 1
1 N _
/ 1
\
1 1 �
i 1
p IWw
/
i /
o
Ii
1
i
w�
�w
aN
� w
I \ \ N
I
oat
I
O
J
LL
'
LL
��I

TSLO-d 9su93!1 S13GON
96E9-5E17-616
TLSLZON'ap!-a!oa OLSX09Od-,
SMUMU3!!n!OVU!;!nS000 r7
Auedwoo nBN 041
S9NIdlOH 9H
dVW 1JVdAl 11333f19 WV3?11S
JN')d NnoD 3JIVM
S31ViS3 NOiA3d
tzm �
7 o i j ✓//i J! l j_
J
u
u
LL Q
LL Q
U
LL m
Q
M
o
0
o
c o
m ,_
a
TILL
�w
Na
w
w
wa
Q�
m
m
LL
a
g a
z
z
0
a
o
0
w
da
�w
dam
z
_
o
U
_
w
z
L�
zw
a
0�
00
N
ou
o
a-
�w
u
w�
z
i
mo
z¢
'o0m
�0
awa
z aQ
x�
wZ
o
w

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Betty & Edwin Norwood
HB Holdings, LLC
1500 Creedmoor Rd
Wake Forest, NC 27587
NORTH CAROLINA
Environmental Quality
March 3, 2020
Subject: Buffer Determination Letter
RRO #20-034
Wake County
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 213 .0233)
❑ Tar -Pamlico (15A NCAC 213 .0259)
❑ Intermittent/Perennial Determination (where local
buffer ordinances apply)
❑ Jordan (15A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name: Victory Church Rd
Address/Location: 12420 Victory Church Rd
Stream(s): Upper Barton Creek
Determination Date: 3/2/2020 Staff: Gary Kreiser
Stream
EXPO)
Not Subjectt�1
Subject
Start@
Stop@
Soil
USGS
Feature
Survey
To o
A
X
Flagging SB101
Off property
-X
B
X
Flagging S02
Off roe
X
(1) E = Ephemeral, 1= Intermittent, P = Perennial, NP = Not Present
(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 it to be subject to the buffer
rules. There may be other streams located on the property that do not show up 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 DV*R 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
Ci,s�nin: c'YeY.aAtM.r.!zi iraC,y
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

Victory Church Rd
Wake County
3/3/2020
Page 2 of 2
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins;
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, NC27604.
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 Gary Kreiser at [phone].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: RRO DWR File Copy
Steven Ball, S&EC, (electronic copy), sball(a.sandec.com
DRE VJ
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
01a 701 AW)n

Victory Church Rd
Wake County, NC-DWR Project # 20-034
%WlItt
00" "
r.
NRCS Soil Survey Sheet 12,17 (insert), 18
and 19 Q'
S :: Locations are approximate
Wake Co., NC 1970 Y , and are provided for refer -
Legend: ence only:: Rn
-project boundary

Victory Church Rd
Wake County, NC-DWR Project # 20-034
USGS Topographical Map
d wwxi�
2019 NC Bayleaf Quad locations are approximate
Legend: - and are provided for refer-
' ence only::
-Project boundary Q•�N ,�

Preliminary ORM Data Entry Fields for New Actions
ACTION ID 4: SAW- Begin Date (Date Received):
Prepare file folder ❑ Assign Action ID Number in ORM
1. Project Name [PCN Form A2a]: 12420 Victory Church Road
2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
Unknown
4. Property Owner / Applicant [PCN Form A3 or A41: Betty & Edwin Norwood
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Soil & Environmental Consultants, P.A. - Steven Ball
6. Related Action ID Number(s) [PCN Form 135b]: N/A
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
12420 Victory Church Road, Raleigh, NC 27613
8. Project Location —Tax Parcel ID [PCN Form Bla]: 0789365665, 0789263820
9. Project Location — County [PCN Form A2b]: Wake
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Raleigh
11. Project Information — Nearest Waterbody [PCN Form 132a]: Upper Barton Creek (WS-IV; NSW)
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Upper Neuse (03020201)
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
Standard Permit
Nationwide Permit 4
Regional General Permit 4
L✓J Jurisdictional Determination Request
Section 10 and 404 ❑
Pre -Application Request
Unauthorized Activity
Compliance
No Permit Required
Revised 20150602

urisdictional Determination Reauest
US Army Corps
of Engineers
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.g my.mil/Missions/Re ul�atoiyPermitProgram/Contact/Coun!yLocator.aWx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants, or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 12420 Victory Church Rd
City, State:
County:
Raleigh, NC 27613
Wake
Parcel Index Number(s) (PIN): 0789365665, 0789263820
B. REQUESTOR INFORMATION
Name: Steven Ball
Mailing Address: 8412 Falls of Neuse Road
Raleigh, NC 27615
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
Select one:
❑ I am the current property owner.
✓❑ I am an Authorized Agent or Environmental Consultanti
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: Betty Norwood
Mailing Address: 15000 Creedmoor Road,
Wake Forest, NC 27587
Telephone Number: [phone]
Electronic Mail Address: NSA
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
*See Agent Authorization Form Attached
Print Name
Capacity: ❑ Owner ❑✓ Authorized Agents
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
✓❑ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑✓ Other:
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
ZI am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
I I review area.
✓� Size of Property or Review Area 21.07 acres.
❑✓ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
35.938701
Longitude:-78.717618
zA legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatoiy-Permit-
Pro gram/Juri sdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
F4Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDS• please complete an Approved Jurisdictional Determination Forma
W1 Vicinity Map
zAerial Photograph
z USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
❑ NC Division of Water Resources Stream Identification Forms
�J Other Assessment Forms
' www.saw.usace.army.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02 App A Prelim JD_ Form_fillable.pdf
s Please see http://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 01 /13/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Steven Ball - 8412 Falls of Neuse Road, Raleigh NC 27615
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: N/A
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Wake City: Raleigh
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.938701 Long.:-78.717618
Universal Transverse Mercator: NAD 83
Name of nearest waterbody: Upper Barton Creek (WS-IV; NSW)
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
A
35.939014
-78.721296
550 ft.
Intermittent Stream
Section 404
B
35.938395
-78.716819
470 ft.
Intermittent Stream
Section 404
C
35.938171
-78.717794
300 ft.
Intermittent Stream
Section 404
W1
35.938553
-78.718062
0.03 ac.
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 should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ 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:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
■❑ U.S. Geological Survey map(s). Cite scale & quad name: 1 "=1500' & 2019 NC Bayleaf Quad
Natural Resources Conservation Service Soil Survey. Citation: wake county Soil Survey Sheets 12, 17 (inset), 18, and'9
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is:
❑ Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
(National Geodetic Vertical Datum of 1929)
❑ 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 Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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.

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: 10474 / Victory Church Road City/County: Bayleaf / Wake Sampling Date: 10/18/2019
Applicant/Owner: HB Holdings, LLC / See AAF* State: NC Sampling Point: DP1
Investigator(s): Joshua Harvey & Mason Montgomery Section, Township, Range: NA
Landform (hillside, terrace, etc.): None Local relief (concave, convex, none): None Slope (%): 0
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.938551 Long:-78.718070 Datum: NAD 1983
Soil Map Unit Name: CeF NWI classification: NA
Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes x No Is the Sampled Area
Hydric Soil Present? Yes x No within a Wetland? Yes x No
Wetland Hydrology Present? Yes x No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
x Surface Soil Cracks (136)
—Surface Water (Al) —True
Aquatic Plants (1314)
—Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
x Drainage Patterns (1310)
x Saturation (A3) _Oxidized
Rhizospheres on Living Roots (C3)
_Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_ Drift Deposits (133) _Thin
Muck Surface (C7)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
—Iron Deposits (135)
—Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
x Depth (inches):
Water Table Present? Yes No
x Depth (inches):
Saturation Present? Yes x No
Depth (inches): 6
Wetland Hydrology Present? Yes x No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

VEGETATION (Five Strata) - Use scientific names of plants.
Sampling Point: DP1
Absolute Dominant
Indicator
Tree Stratum (Plot size: 30'r )
% Cover Species?
Status
Dominance Test worksheet:
1
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 2 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 3 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 66.7% (A/B)
=Total Cover
Prevalence Index worksheet:
50% of total cover:
20% of total cover:
Total % Cover of: Multiply by:
Sapling Stratum (Plot size: 15'r )
OBL species 0 x 1 = 0
1. Liquidambarstyraciflua
20 Yes
FAC
FACW species 0 x 2 = 0
2. Pinus taeda
5 No
FAC
FAC species 55 x 3 = 165
3. Fagus grandifolia
20 Yes
FACU
FACU species 35 x 4 = 140
4. Ilex opaca
5 No
FACU
UPL species 0 x 5 = 0
5.
Column Totals: 90 (A) 305 (B)
6.
Prevalence Index = B/A = 3.39
50 =Total Cover
Hydrophytic Vegetation Indicators:
50% of total cover:
25 20% of total cover:
10
_ 1 - Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size: 15'r )
X 2 - Dominance Test is >50%
1.
3 - Prevalence Index is <_3.01
2.
4 - Morphological Adaptations' (Provide supporting
3
data in Remarks or on a separate sheet)
4.
-Problematic Hydrophytic Vegetation' (Explain)
5.
'Indicators of hydric soil and wetland hydrology must be
6.
present, unless disturbed or problematic.
Definitions of Five Vegetation Strata:
=Total Cover
50% of total cover:
20% of total cover:
Tree - Woody plants, excluding woody vines,
Herb Stratum (Plot size: 5'r )
approximately 20 ft (6 m) or more in height and 3 in.
1. Microstegium vimineum
30 Yes
FAC
(7.6 cm) or larger in diameter at breast height (DBH).
2. Polystichum acrostichoides
5 No
FACU
Sapling - Woody plants, excluding woody vines,
3. Viola pedata
5 No
FACU
approximately 20 ft (6 m) or more in height and less
4
than 3 in. (7.6 cm) DBH.
5.
Shrub - Woody Plants, excluding woody vines,
6
approximately 3 to 20 ft (1 to 6 m) in height.
7.
Herb -All herbaceous (non -woody) plants, including
8.
herbaceous vines, regardless of size, and woody
9
plants, except woody vines, less than approximately
3 ft (1 m) in height.
10.
11.
Woody Vine - All woody vines, regardless of height.
40 =Total Cover
50% of total cover:
20 20% of total cover:
8
Woody Vine Stratum (Plot size: 30'r
)
1.
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0

SOIL Sampling Point: DP1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks
0-10 10yr 4/2 80 10yr 4/6 20 c pl Loamy/clayey Prominent redox concentrations
10-20 10yr 4/2 90 10yr 4/6 10 c pl loamy/clayey Prominent redox concentrations
Type: C=Concentration, D=Depletion,
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
—Stratified Layers (A5)
_2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al2)
_Sandy Mucky Mineral (S1)
—Sandy Gleyed Matrix (S4)
—Sandy Redox (S5)
_Stripped Matrix(S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
RM=Reduced Matrix, MS=Masked Sand Grains.
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
—Loamy Mucky Mineral (F1) (MLRA 136)
—Loamy Gleyed Matrix (F2)
X Depleted Matrix (F3)
_ Redox Dark Surface (F6)
—Depleted Dark Surface (F7)
_ Redox Depressions(F8)
_Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
—Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
_2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes No
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: 10474 / Victory Church Road City/County: Bayleaf / Wake Sampling Date: 10/18/2019
Applicant/Owner: HB Holdings, LLC / See AAF* State: NC Sampling Point: DP2
Investigator(s): Joshua Harvey & Mason Montgomery Section, Township, Range: NA
Landform (hillside, terrace, etc.): None Local relief (concave, convex, none): None Slope (%): 0
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.938343 Long:-78.717947 Datum: NAD 1983
Soil Map Unit Name: CeF NWI classification: NA
Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No Is the Sampled Area
Hydric Soil Present? Yes No within a Wetland? Yes No
Wetland Hydrology Present? Yes No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
_Surface Soil Cracks (136)
—Surface Water (Al) —True
Aquatic Plants (1314)
—Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
_Saturation (A3) _Oxidized
Rhizospheres on Living Roots (C3)
_Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_ Drift Deposits (133) _Thin
Muck Surface (C7)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
—Iron Deposits (135)
—Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
x Depth (inches):
Water Table Present? Yes No
x Depth (inches):
Saturation Present? Yes No
x Depth (inches):
Wetland Hydrology Present? Yes No x
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

VEGETATION (Five Strata) - Use scientific names of plants.
Sampling Point: DP2
Tree Stratum (Plot size: 30'r )
1. Oxydendrum arboreum
2. Quercus rubra
3. Quercus alba
4. Acer rubrum
5. Fagus grandifolia
6.
Absolute
Dominant
Indicator
% Cover
Species?
Status
20
Yes
UPL
30
Yes
FACU
10
No
FACU
5
No
FAC
10
No
FACU
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 0 (A)
Total Number of Dominant
Species Across All Strata: 4 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 0.0% (A/B)
75 =Total Cover
Prevalence Index worksheet:
50% of total cover:
38 20% of total cover:
15
Total % Cover of: Multiply by:
Sapling Stratum (Plot size: 15'r )
OBL species 0 x 1 = 0
1. Oxydendrum arboreum
20 Yes
UPL
FACW species 0 x 2 = 0
2. Liquidambarstyraciflua
5 No
FAC
FAC species 10 x 3 = 30
3. Fagus grandifolia
20 Yes
FACU
FACU species 70 x 4 = 280
4.
UPL species 40 x 5 = 200
5.
Column Totals: 120 (A) 510 (B)
6.
Prevalence Index = B/A = 4.25
45 =Total Cover
Hydrophytic Vegetation Indicators:
50% of total cover:
23 20% of total cover:
9
_ 1 - Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size: 15'r )
2 - Dominance Test is >50%
1.
3 - Prevalence Index is !2.01
2.
4 - Morphological Adaptations' (Provide supporting
3
data in Remarks or on a separate sheet)
4.
-Problematic Hydrophytic Vegetation' (Explain)
5.
'Indicators of hydric soil and wetland hydrology must be
6.
present, unless disturbed or problematic.
=Total Cover
Definitions of Five Vegetation Strata:
50% of total cover:
20% of total cover:
Tree - Woody plants, excluding woody vines,
Herb Stratum (Plot size: 5'r )
approximately 20 ft (6 m) or more in height and 3 in.
1
(7.6 cm) or larger in diameter at breast height (DBH).
2.
Sapling - Woody plants, excluding woody vines,
3.
approximately 20 ft (6 m) or more in height and less
4
than 3 in. (7.6 cm) DBH.
5.
Shrub - Woody Plants, excluding woody vines,
6
approximately 3 to 20 ft (1 to 6 m) in height.
7.
Herb -All herbaceous (non -woody) plants, including
8.
herbaceous vines, regardless of size, and woody
9
plants, except woody vines, less than approximately
3 ft (1 m) in height.
10.
11.
Woody Vine - All woody vines, regardless of height.
=Total Cover
50% of total cover:
20% of total cover:
Woody Vine Stratum (Plot size: 30'r
)
1.
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes No X
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0

SOIL Sampling Point: DP2
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks
0-12 10yr 6/8 100 Sandy
Type: C=Concentration, D=Depletion,
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
—Stratified Layers (A5)
_2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al2)
_Sandy Mucky Mineral (S1)
—Sandy Gleyed Matrix (S4)
—Sandy Redox (S5)
_Stripped Matrix(S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
RM=Reduced Matrix, MS=Masked Sand Grains.
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
—Loamy Mucky Mineral (F1) (MLRA 136)
—Loamy Gleyed Matrix (F2)
—Depleted Matrix (F3)
_ Redox Dark Surface (F6)
—Depleted Dark Surface (F7)
_ Redox Depressions(F8)
_Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
—Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
_2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes No X
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

Soil & Environmental Consultants, PA
A412 Fall. .f \ru.c liri.ul, �unc 114. HAIq fit• \r- 2 % 1 i • I'itIg1t +I'i: x;G i'hF1P. t .0 'Tlv• Rd[ IiG'
•Arl,I c ,,"n
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description-
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Field Office:
S&EC Project #
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions,This notification supersedes any previous
correspondence concerning the agent for this project,
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION•
Parcel Index Number(s) (PIN):
Site Address:
City, County, State:
PROPERTY OWNER INFORMATION:
Name:!: �� !
Mailing Address.
Telephone Number: `i 1 11 -
L
Property ChOner (please print)
Property Owner Signature
Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

r
r�
u
/ N`C�nter for �edgraphic�nfo maltior�� na as
Project Number: Map Title: N
10474.W1 0 1,500 3,000
Project Manager: Figure 1- USGS Map I I I I I I I I
SB Victory Church Road, Feet
Scale: Wake County, NC
1" = 1500' •
Source: 2019 NC Swill, & Environmental Consultants,
Date: P
Quad SJI2 F.lhaf?�'eia. Rnul Rutl.iOJ.XRaingh.YC7'AS
10/14/2019IS•7'hme: (97978969906•Ru-[91417W6-91h
Bay\/ leaf ..�. •

d 8
coo
AN LdC f-' Y
�r CeD Ce
P w j F r l
�`. nD2 ,.
nC2r !
D '. w C B82
CgC
`71 A
CeD e
p CgB2 1
i (N.
QCeD
P
C
CeD
CgC2
Project Number: Map Title: N
10474.W1 0 500 1,000
Project Manager: Figure 2- Soil Survey/ I i i i I i i i I
SB Victory Church Road, Feet
Scale: 1 500' Wake County, NC
"=•
Date:
Source: Wake County Soil Survey Soil & Environmental Consultants, P
J7F
10/14/2019 Sheets 12, 17 (inset), 18, and 19 .,e�,.a. Raingh.YC7A
R„� ^=iOJ.XIS•Phme: 9797 R969906•Ru-[9147 %J6-91h

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
August 21, 2023
S&EC Project No: 10474.W5
Re: Online Project Review Request, Peyton Estates, Raleigh —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 August 21, 2023 and are submitting our project review package in accordance
with the instructions for further review.
Our proposed action consists of. A planned residential development that is proposing impacts streams
and buffers.
The location of the project and the action area are identified on the enclosed maps.
Peyton Estates (35.938781,-78.719180). The site is located at 12421 Victory Church Road, Raleigh —
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. NIP Report
3. Vicinity Maps 8. FWS Species Conclusion Table
4. S&EC Photo Report 9. FWS Self -Certification Letter
5. Overall Site Plan

Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC: 27615 • Phone: [phone] •lax: [phone]
sandcc.com
August 21, 2023
S&EC Project No.: 10474.W5
To: Hytner Bednaz Holdings, LLC
Attn: Scott Bednaz
PO Box 91024
Raleigh, NC 27617
Re: THREATENED & ENDANGERED SPECIES REPORT
Peyton Estates (+/- 20 acres)
12421 Victory Church Road, Raleigh, Wake County, NC
Scott Bednaz:
On August 7, 2023, Soil & Environmental Consultants, PA (S&EC) evaluated the Peyton Estates,
formerly known as Victory Church Road Site, shown on the attached maps for potential endangered
species. The property is located at 12421 Victory Church Road in Wake County, NC. Surface waters on -
site flow into Upper Barton 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 WS-IV; 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 preliminary habitat assessments to identify suitable habitat for the individual species
listed on the official species list. Detailed botanical surveys were conducted within the optimal survey
windows for the listed plant species. The preliminary habitat assessments 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 of aquatic species, nor did it include
any detailed mist netting or acoustic surveys for bat species. The results of the search are discussed
below.
Peyton Estates - S&EC Threatened & Endangered Species Report
Page 1 of 5

August 21, 2023
S&EC Project #10474.W5
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Tricolored Bat, (Perimyotis subflavus), Proposed Endangered
• Red -cockaded Woodpecker (Picoides borealis), Endangered
• Neuse River Waterdog (Necturus lewisl), Threatened
• Carolina Madtom (Noturus furiosus), Endangered
• Monarch Butterfly (Danaus plexippus), Candidate
• Michaux's Sumac (Rhus michauxil), Endangered
Of the species identified on the official species list, the NHP report did not identify any Federally
threatened or endangered species within the project area or within one mile of the project area. Other
State listed species were found within the project area as listed in the attached NHP report. The NHP
report identified one managed area within the project area. These are listed out in the attached NHP
Report.
TRICOLORED BAT (Perimyotis subflavus):
S&EC personnel conducted preliminary surveys of potential suitable habitat for the Tricolored Bat's
within the project area. Relying upon the findings of the December 2021 Species Status Assessment
(SSA) Report for the Tricolored Bat. S&EC identified recently vacant structures that had no evidence
of the presence of the Tricolored Bat. S&EC did not identify any culverts on -site or within adjacent
ROW large enough to be considered roosting habitat. Due to the nature of the project being residential
development, which will include tree removal, we concluded that the prcj ect would "not likely to
jeopardize the existence of the species" for TCB's.
RED -COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of potential suitable habitat (foraging and cavity trees)
for Red -cockaded Woodpeckers (RCWs) within the project area. During our evaluation, we found no
evidence of 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 suitable habitat, we concluded
that the project would have "No effect' on RCWs.
Peyton Estates - S&EC Threatened & Endangered Species Report
Page 2 of 5

August 21, 2023
S&EC Project #10474.W5
NEUSE RIVER WATERDOG (Necturus lewisal:
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
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 intermittent
streams were +/-4 feet wide with low to no baseflow and had a sandy rocky substrate. 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 intermittent
streams were +/-4 feet wide with low to no baseflow and had a sandy rocky substrate. Due to these
observations, we have concluded that the project would have "No effect" on the Carolina Madtom.
MONARCH BUTTERFLY (Danaus plexippus):
The Monarch Butterfly is currently listed as a candidate species, and not yet listed or proposed for
listing as threatened or endangered. Due to the current status of Monarch Butterfly, consultation with
Peyton Estates - S&EC Threatened & Endangered Species Report
Page 3 of 5

August 21, 2023
S&EC Project #10474.W5
USFWS under section 7 of the Endangered Species Act is not required. FWS recommends conserving
pollinator habitat where practicable.
NHCHAUX'S SUMAC (Rhus michauxia):
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 occurrences within the project area. We found suitable habitat within
the project areas to include primarily disturbed open areas along roads and paths. Given the lack of
species present within the property boundaries, we concluded that the project would have "No effect"
on Michaux's sumac.
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.
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.
Peyton Estates - S&EC Threatened & Endangered Species Report
Page 4 of 5

August 21, 2023
S&EC Project #10474.W5
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. Overall 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. August 4, 2023.
7. NHP Report: August 4, 2023.
8. S&EC — FWS Species Conclusion Table. August 21, 2023.
9. S&EC — FWS Self -Certification Letter. August 21, 2023.
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 (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.
-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. 2021. Carolina Madtom. Species Profile.
https://www.fws.gov/southeast/wildlife/fishes/Carolina-madtom/.
- U.S. Fish and Wildlife Service/ Southeast Region. 2021. Neuse River Waterdog... Species Profile.
https://www. fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/
-U.S. Fish and Wildlife Service. 2021. Species Assessment (SSA) Report for the Tricolored Bat (Perimyods subflavus)
Version 1.1. Hadley, MA.
-U.S Fish and Wildlife Service. 2022 Recommended Minimum Culvert Dimensions for Bat Roost Surveys in Western
North Carolina. Ashville, NC.
Peyton Estates - S&EC Threatened & Endangered Species Report
Page 5 of 5

0
U
- O
� � - NC�Cem'e�Geograph�io Informai,ion &- •nal si
Project Number: USGS Map Map Title: N
10474.W5 0 1,500 3,000
Project Manager: I I I I I I I I
BZ Victory Church Road, Feet
Scale: 11500' Wake County, NC
" =
Source: 2019 NC Soil & Environmental Consultants, PA
Date: 8412 F.lh of X— &a.d Sidle 104. a.W& \C 27613 • Phac! (919) 84&3W- F.: (919)
08/09/2023 Bayleaf Quad �^

�
dB2``
CeD :.
D2 LdC2i A
R
4132
CeD F ,
'P
wy C D.
nD2 -
. nC2
e D k Vey
GgC2 f
Cl
CeD
�I e
_ AD � B2
11>
C,
c}
D, t a e F
G n Gri'Y C B2
CeD
Cr,C2Ag-- - -
r 'C_ -� er f• r Ge gr p i I f rm n. n I is
Project Number: Map Title: N
10474.W5 0 500 1,000
Project Manager: SOII Survey Map I I I I I I I I I
BZ Victory Church Road, Feet
Scale: 1 500' Wake County, NC
"=
Source: Wake County Soil Survey
Soil & Eiivironmeiital Consultants, PA
Date: &il3 F.11,4N mr Rwd Suer 10+. UdJ, tiC 7'+615 • Yhon:: 1919) 8-0659W • Fec C7191 &141-06
08/09/2023 Sheets 12, 17 (inset), 18, and 19 —&--.

Job #: 10474.W5
August 21, 2023
Photo 5: Intermittent stream
Photo 6: Intermittent stream

TSLO-d 9su93!1 S138ON NVId llb'l13AO
96E9-SE17-616
TLSLZON'ap!-a!oa 018X080d
S9NIdlOH 9H 7N')d NnoD 3JIVM o ri
sl UMU3!!A!OVu!;!nS000 r7 m
AuedwoZ) nBN 041 \Y��I S31ViS3 NOiA3d
�A8 038tld38d �1N3N]
O
a
0
0
u
0
1 I /
1 1
1 � I
1 I 1
I 1 1
1 N _
/ 1
\
I
i 1
p IWw
/
i /
o
Ii
1
i
w�
�w
aN
� w
I \ \ N
I
oat
I
O
J
LL
'
\
1
O� 5
'3
LL
-
Z
u
I=
--ownI�
��I

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:
Project Code: 2023-0113166
Project Name: Victory Church Road Subdivision
August 04, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered

08/04/2023
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.

08/04/2023
3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds

08/04/2023
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

08/04/2023
KA
PROJECT SUMMARY
Project Code: 2023-0113166
Project Name: Victory Church Road Subdivision
Project Type: Residential Construction
Project Description: This project is located in Wake County, NC and is approximately 20
acres.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.93897715,-78.72189437407958,14z
�
t
�`4a.
k.
Counties: Wake County, North Carolina

08/04/2023 3
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 subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
NAME
STATUS
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
AMPHIBIANS
NAME
STATUS
Neuse River Waterdog Necturus lewisi
Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6772
FISHES
NAME
STATUS
Carolina Madtom Noturus furiosus
Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/528

08/04/2023
4
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.

08/04/2023
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10
and Alaska.
https:Hecos.fws.gov/ecp/species/9399

08/04/2023
BREEDING
NAME SEASON
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25
and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20
and Alaska.
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20
and Alaska.
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Sep 10
and Alaska.
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.

08/04/2023 3
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL IA IUG SEPy OCTyy yyNOV DEC
Bald Eagle Non -BCC
Vulnerable
Black -billed
Cuckoo ++++ ++++ ++++ ++++TTT i ITT TTTT 1111 �+++ ++++ ++++ ++++
Cuckoo

08/04/2023
4
BCC Rangewide
(CON)
Chimney Swift BCC Rangewide 7TT TT111111 loll 1111 ur ++++ ++++ (CON)
Eastern Whip -Poor -
will +++ I 1111 1++++**1 1111 1111 11 11 I I I I I f++ ++++ ++++ ++++
BCC Rangewide
(CON)
Kentucky ++++ +� �+ ++++ ++� I I I I I I I I 11 I I I�++++ I+++ 1
BCC Rangewide
(CON)
Prairie Warbler BCC Rangewide
(CON) —
Prothonotary ++++
Warbler ++++ ++++ I I I' I ++++ ++++ ++++ ++++ ++++
BCC Rangewide
(CON) yy yy
Red-headed
++�
Woodpecker ++++ +�++ ++ I I I I �+, ++++ I 10+ I •
BCC Rangewide
(CON)
Rusty Blackbird BCC -BCR ++++ T+++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++T+ ++++
Wood Thrush BCC Rangewide ++++ ++++ ++++ 01T �ii 011, *+++ 0+00 00++ ++++ ++++
(CON)
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoidins7-and-minimizins7-incidental-take-mis7ratorv-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
MIGRATORY BIRDS FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits

08/04/2023 5
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);

08/04/2023 6
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,

08/04/2023
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.

08/04/2023
E3
IPAC USER CONTACT INFORMATION
Agency: Soil & Environmental Consultants, PA
Name: Mason Montgomery
Address: 8412 Falls of Neuse Road
Address Line 2: Suite 104
City: Raleigh
State: NC
Zip: 27615
Email [e-mail]
Phone: [phone]

Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
August 4, 2023
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Victory Church Road Subdivision; 10474.W5
Dear Robert Zarzecki:
13. 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.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9421

■
�.\
CO/
/Ln
n e
0
2\\/\
\�0Lu
< u D
\� </
e /
CO yc
\u
/»
e
\ \:
e = / _
/ $ ~ /
/ E / e
w > ® 3
CO
%M E \
3z2>
/ § / E
} / \ °
y y n 4
/\�/
\ % \ \
/ D- / ®
0)\ e /
CO = z \
/ \ > /
a\)\
\ \ n
\ / « w
ewers
/ _ _ .k
& $ u .»
/ E / }
3 CO
\)\ CO
u / » ±
/ /\\
2 0 f `
.k = / 9
--E \ \
ya2\
=Z
/ / ©
///\
/\,
/\\D
y e 2 o
(\\\
0
.\ \ / \
\* ( \
E \
\ z 2 2
/yy
\ / 3
_ 6 w .e
/ 2 o O
\ \ / \
/ j / /
y = e =
Eo
3 ul 2
s \ 2 3
\ % / e
E\}
/ -0 CO
o / \ /
\ \ \ /
_ ® e -
/ \ � \ %
e e $ o }
/ 2 } u a
/\//\
e Z w e s
,/
/
0
-
�E
\
3
CO
y u
O \
/
/
\
ON
§
\
c

(
\ /
�
\_
\\
e
CO/
\
\
u
3 /
CO e
®
e
CO %
« CO
® 7
\
/
®
0
\\
»\
/
\/
\
2
s 2
\/
/s
E
\E
>
E
o
}
/
»
% 4
e5
e
}s
g
z
\ \
CO/
\ \
\
§
u
e
3
>>
®%
?
}O
\
e
4/
�^
j
=
o
99a
g -i
2
0
3/
\ \
E
4//
//®
»\
2 n v \ /
\ \
\ � / �
mec a
g
o�y
x20 \
\ U®/ 2
mw\e&
± m 2
Lm%
/
2§t/Z
4^$©/
\%
%4/
t /
~
/
m
�0
/©ƒ
-
>c
4 \
0
\
/
-
-
10\
±
±
g
\CO
\
/
»
\
0(
0
\ \
%
/ co%
Z
/
y g
�\
u
5=
§
g
e
0
CO
m
COcn
CO
I
\
E
\
D 0
\
�E
2
-0j:
\
\/
/
/
COƒ\
a)»
}
/
E
sƒ
/
�
co}
./
2
g
e m
CO
y
g
\
\
� \
u
\
CO
\ \
©
\
�
s
Z
e e
\©
.g
e
e
\
`
_
/ /
/
/
t
2 \
co \
)
/
\ co\
g
%
s
\
/ c
e
u =
o
2
±®
e
®
° *
\
\
»
)
4
/ >
\
® u
©
4
s-
/
- �
/
s s o
\ / z
0 \
\
\ \ ©
\ f
E©=
s E
Z
//%
2:
/ \ \
CO CO
/
CO CO \
\ \
do
ra
s
\
c

Cseedma°s Rd
� o�d
t—
o
U7
m
O
U
U
a
0
_U
M
d
6]
C11
w
z
U
Ra
0
e
N Rad
2-17
W
< O
m44
� W �
W a O C
7
m
04 ED cL11
N M N
a
m m a
� Li
Q
u
u
N
a

N
ca
H
N
O
Ej
a
O
U
N
N
n
N
WN
cy')
CV
O
N
N
CD
Q
Q)
is
(11)
m
(11)
Q
Q
Q
Q
Q
Q
E C,-;
E C,-;
E
E
Oo
Oo
Oo
0o
Oo
Oo
CV
CV
CV
CV
CV
CV
C
L~
L~
L~
L~
L~
L
O=
�
= i
= i
N
� N
� N
.�
U) �
CD
U)=
CD
U)=
CD
N =
CD
N =
N
E
M c
(B
M c
M c
(a c
M c
— Oc-
Oc-
O
C- O
C- O
C- O
U
cn
EU
EU
EU
EU
EU
EU
O
W
W
W
N.6
W
N.6
W
N.6
W
N.6
O
o L S.
L S
Z
a_ U)
0- U)
a_ U)
a_ U)
0- U)
a_ U)
c
O
c
N
(1)
0
Q
70
N
U
O
N
�
a)
W
Q
L
U
Q)
U
N75
C
a)
Q)
a)
a)
_N
CD
Q)
Q
N
N
N
N
m
W
N
W
ca
N
Z
Z
Z
Z
Z
Z
c
c
CD
C
N
Q)
in
Q
Q
Q
N
L
Q
Q
_
Q
L
Ca
m
m
L
N
TD
CD-m
O
(1)
O
O
_
cn
_N
(a
m
m
_N N
m
U
U
U)
U)
�
U70
Q)
U
U
U)
Z
Z
Z
U) Q
� m
Z
O
Y
�
Z
_
CD
U
�
O
O
L
Q)
U
U
L
0
�
ca
E �
ca .=
O
U
Q)
m
_0 O
m i
U) (B
Q)
O
O
Q)
L
cu �
W co
ca
O�
N
O
U) U
N
O Z
O
U
UCD-
)
CL
of —
z
a)
N
U
a)
co
CV
O
CV
N
N
� Q)
Q is
w
(B

United States Department of the
Pro] ect Name
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: 08/21 /2023
Self -Certification Letter
Peyton Estates (Victory Church Road Site)
Dear Applicant:
IN
n.' a wn.nut-c
B1umv IVE
Interior
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
"no effect" determinations for proposed/listed species and/or
✓ proposed/designated critical habitat; and/or
✓❑ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
❑✓ "no Eagle Act permit required" determinations for eagles.

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