20231409 Ver 1_Permit Documentation_20231013

AGENT AUTHORIZATION

AGENT AUTHORIZATION AND RIGHT OF -ENTRY FORM
Pro'cct Information
Project Name: 101d Fairground Road Subdivision
Type of Project: Single -Family Residential
Location: Old Favground Road, Angier, Johnston County North Carolina
ropereperty Owner/Representative Information
Name: I
Mailing Address: 1
City, State, Zip Code: 1�
Telephone No.J Email:
Contact:
Agent Information
%104- 4161-0609
Name:
Walter Cole
Street Address:
3432 Caldwell Drive
City, State, Zip Code:
Raleigh, NC 27607
Telephone No.
919-80
Authorization:
Agent)
1-3798
T
1, �, ,�,,., (-rvA _1.,,,J_ , on behalfof
(Name bf Landowner or Duly Authorized
a duly authorized owner of record of the property/ properties identified herein, hereby authorize Walter
Cole to act as agent with the USCAE in connection with the above -mentioned project By signing above
I also authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to
enter upon the property herein described for the purposes of conducting on -site investigations, if
necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act
and/or Section 10 of the River and Harbors Act of 1889. 1, the above signed, am either a duly authorized
owner of record of the property identified herein, or acting as the duly authorized agent of the owner of
record of the property.

L1I--f_Ts3 =1 a1 IZOIG] ► W I l ► A L% d Is]

Walter Cole
From: Martin, Matthew K CIV CESAW <[e-mail]>
Sent: Saturday, June 24, 2023 2:06 PM
To: Walter Cole
Subject: SAW-2023-01042 (Old Fairground Road / Angier NC / Johnston County): Delineation
Concurrence
Attachments: REVISED PJD FEATURE EXHIBIT.pdf
This message originated outside of SWE. Please report this as phishing if it implies it is from an SWE employee.
Dear Walter,
Reference is made to ORM ID SAW-2023-01042, please reference this number on any correspondence
regarding this action.
On June 14, 2023, we met off Old Fairground Road, Angier NC, Johnston County to review the boundaries of
the aquatic resources delineation you submitted on May 15, 2023.
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-
mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently
accurate and reliable representation of the location and extent of aquatic resources within the identified review
area. The location and extent of these aquatic resources are shown on the delineation map, labeled `Wetland
Delineation Exhibit", and dated "April 2023".
Regulatory Guidance Letter (RGL) 16-01
htips://usace.contentdm.ocic.or_/ug tils/getfile/collection/pl602lco119/id/1256 provides guidance for
Jurisdictional Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD
has been requested". At this time we are only verifying the delineation. This delineation may be relied upon
for use in the uermit evaluation brocess. including determining comuensatory mitigation. "This
verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and
shall not be interpreted as such.
This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable
action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331).
Matthew K. Martin, PWS
Regulatory Specialist
U.S. Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Mobile: [phone]
Email: [e-mail]

We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can
be accessed by copying and pasting the following link into your web browser:
https:Hregulatory.ops.usace.army.mil/customer-service-survey. Thank you for taking the time to visit this site and
complete the survey.

IMPACT EXHIBITS

♦ /' / //' / 7
TOP OF
STREAM BANK
WETLANDS
BOUNDARY
/
/ // 1► i �` O /WETLANDS
_ WETLANDS / ; \ O�. /' / BOUNDARY
BOUNDARY
i
��r ♦ \ �/ TOP OF
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50' NEUSE RIVER STREAM BANK �/ / O; \ i / / /
RIPARIAN BUFFER AS 4;_ / / TEMPORARYMEASURED FROM " �/� / \ \ \ // / / // // PUMP AROUND
TOP OF BANK / O o i 7
------ \ I�II_�� \ // / // 68.00 LF 48"
�/ ♦ �� \ / / / // RCP @0.80% /
TOP OF �-'�OO ` � �
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BANK a ` I
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TEMPORARY
PUMP AROUND
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J
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on
41 50' NEUSE RIVER
RIPARIAN BUFFER
I� AS MEASURED FROMan
so I , TOP OF BANK / / / % / /
0 OLD FAIRGROUND ROAD SUBDIVISION IMPACT MAP
Engineering • Planning • Site Design EASTWOOD HOMES MAP-1
1115 ChIth— Walk Lana, Unit 496 ♦ C. , N.,th Carolina 27511 ♦ 919.649.4329 ♦info@aitt,1dA.ain ,.im-
IMPACT SUMMARY
IMPACT
AREA
LENGTH
WIDTH
STREAM
TEMPORARY
196 SF
0.005 AC
40 LF
4 LF
PERMANENT
294 SF
0.007 AC
75 LF
4 LF
PERMANENT -NO PERM LOSS
235 SF
0.005 AC
56 LF
4 LF
ZONE 1 NEUSE BUFFER
TEMPORARY
892 SF
0.020 AC
PERMANENT
6,221 SF
0.143 AC
RIP -RAP FILL
542 SF
0.012 AC
CULVERT FILL
5,679 SF
0.131 AC
ZONE 2 NEUSE BUFFER
TEMPORARY
1,393 SF
0.032 AC
PERMANENT
2,300 SF
0.053 AC
WETLANDS
TEMPORARY
1,088 SF
0.025 AC
PERMANENT
4,354 SF
0.099 AC
LEGEND
ZONE 1NEUSE
TEMPORARY
BUFFERIMPACT
IMPACT
ZONE 2NEUSE
WETLANDS
PERMANENT
BUFFERIMPACTE:A
IMPACT
STREAM IMPACT
WETLANDS
TEMPORARY
IMPACT
RIP -RAP
HORIZONTAL SCALE: 1" = 30'
0 30 60 90
DATE:10.12.23
SCALE:1"=30'
�i(Dll

EXISTING POND
RIPARIAN BUFFER
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\
EXISTING
II I I '_� I 1% I 1,
WETLANDS / I I II,
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EXISTING
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EXISTING \ �__ _ \ ;' WETLANDS I LANGSTON RIDGE DRIVE
-----
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STREAM
PROPOSED �` yl \�__� 01
IMPACT AREA a i
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FEMA
FLOODPLAIN ` i I I I /--�' I - — / �✓ -/-------j "
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EXISTING�----
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FEMA L
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FLOODWAY \� I I , I I \—� — ��---1----1----1------`---------{
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0
Engineering • Planning • Site Design
1115 CM1atha Walk Lana, Unit 496 ♦ Cary, N.,th Carolina 27511 ♦ 919.649.4329 ♦ info�aitaativicainc.com
OLD FAIRGROUND ROAD SUBDIVISION
EASTWOOD HOMES
EXISTING /
WETLANDS
IMPACT MAP
MAP-2
HORIZONTAL SCALE: 1" = 300'
300 600 900
DATE:10.12.23 U
SCALE: 1 =300

PROTECTED SPECIES DOCUMENTATION

United States Department of the Interior
1
' $ 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: 2024-0004640
Project Name: Fairgrounds Road Site
real &V%Luum
mr-aw"
October 13, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered

10/13/2023
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
https: //www.fws. gov/sites/default/files/documents/endangered-species-consultation-
handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-
we-do.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to 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/partner/council-conservation-
migratory-birds.

10/13/2023
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
■ USFWS National Wildlife Refuges and Fish Hatcheries
• Bald & Golden Eagles
■ Migratory Birds
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

10/13/2023
4
PROJECT SUMMARY
Project Code: 2024-0004640
Project Name: Fairgrounds Road Site
Project Type: New Constr - Above Ground
Project Description: proposed residential development
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)35.4958496,-78.61109379792305,14z
Counties: Johnston County, North Carolina

10/13/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 6 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Tricolored Bat Perimyotis sub flavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
BIRDS
NAME
STATUS
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
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://ecos.fws.gov/ecp/species/528

10/13/2023
CLAMS
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5164
INSECTS
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
STATUS
Candidate
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.
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act1 and the
Migratory Bird Treaty Act2.
Any person or organization who plans or conducts activities that may result in impacts to bald or
golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Bald and Golden Eagle Protection Act of 1940.
2. The Migratory Birds Treated of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
There are bald and/or golden eagles in your project area.

10/13/2023
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.
NAME BREEDING 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.
htWs:Hecos.fws.gov/ecp/species/1626
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 the supplemental
information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle 11111111 IN 1111 IN 1111 1111111111111111
Non -BCC
Vulnerable
Additional information can be found using the following links:
■ Eagle Managment h!tps://www.fws.gov/program/eagle-management

10/13/2023
M
■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoiding-and-minimizing-incidental-take-migratory-birds
■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-
project-action
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
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
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9587
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.
haps:Hecos.fws.gov/ecp/species/1626
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9427

10/13/2023
Rl
BREEDING
NAME
SEASON
Chimney Swift Chaetura pelagica
Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Aug 25
and Alaska.
https://ecos.fws.gov/ecp/species/9406
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.
hqps:Hecos.fws.gov/ecp/species/9439
Red-headed Woodpecker Melanerpes erythrocephalus
Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Sep 10
and Alaska.
htWs:Hecos.fws.gov/ecp/species/9398
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
https://ecos.fws.gov/ecp/species/9478
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.
https:Hecos.fws.gov/ecp/species/9431
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 the supplemental
information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.

10/13/2023
10
SPECIES
American Kestrel
BCC -BCR
Bald Eagle
Non -BCC
Vulnerable
Brown -headed
Nuthatch
BCC -BCR
Chimney Swift
BCC Rangewide
(CON)
Prothonotary
Warbler
BCC Rangewide
(CON)
Red-headed
Woodpecker
BCC Rangewide
(CON)
Rusty Blackbird
BCC -BCR
Wood Thrush
BCC Rangewide
(CON)
■ probability of presence breeding season I survey effort — no data
„N FEB Max ,vx MAY ,UN JUL AUG .EP OCT NOV DEC
-----IIN■IIIIII■IIII --- +--
■IIII■IIII■IIIII■---I■IIIII■III
ru�r■IIINAIIIIIf- �- 114-----
--�III�■IIIII■IIII IF--
-IIII■IIIII■ -------- '--
---
..__.._---- ___._111IIIIII■IIIIIF-
EImmm MMMM
-++- -++- - - - - - - - - - - - 1 -+-+ - - - - - - - -
Additional information can be found using the following links:
• Eagle Management https://www.fws.gov/program/eagle-management
■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librarr�/
collections/avoiding-and-minimizing-incidental-take-migratory-birds
■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratorv-birds-and-bald-and-p-olden-eap-les-mav-occur-
pro] ect-action

Roy Cooper, GovernGF
N■ ■■M NC DEPARTMENT OF
■ m
1■7s■■ NATURAL. AND CULTURAL RESOURCES
■ ■■■
October 13. 2023
Ashley Bentz
S&ME, Inc.
3201 Spring Forest Road
Raleigh, NC 27616
RE: Fairgrounds Road Site
Dear Ashley Bentz:
D. Reid Wilson, Secretary
Misty Buchanan
Deperty Director, Na4vral Heritage Program
N CN H D E-23624
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:
https://www.fws.gov/offices/Di rectory_/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
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 the NCNHP at natural.heritage�)dncr.nc.gov.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
(g 1Zi w JONF-S STREET. PALEi,ia_ NC 27r>D3 - i $1 MAIL SERViGE-EN'f£R.RALEIGH. Nc 2769D
OFC 919.707,912b • FAK 91q,7o7gi21

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Fairgrounds Road Site
October 13, 2023
NCNHDE-23624
Element Occurrences Documented Within Project Area _
axonomic Scientific am ommon Name Last Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank A_
Freshwater 4370 Fusconaia masoni Atlantic Pigtoe 1951 H 3-Medium Threatened Threatened GI S3
Bivalve
No Natural Areas are Documented within the Project Area
No Managed Areas Documented within the Project Area
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.org/helr). Data query generated on October 13, 2023; source: NCNHP, Summer (July) 2023.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 4

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Fairgrounds Road Site
October 13, 2023
NCNHDE-23624
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific NameE Common Name ast Element
Group Observation Occurrence
Date Rank
Dragonfly or 33753 Somatochlora Coppery Emerald 2004-Pre H?
Damselfly georgiana
Freshwater 4370 Fusconaia masoni Atlantic Pigtoe 1951 H
Bivalve
Vascular Plant 16049 Ludwigia brevipes Long Beach Seedbox 1957-08-07 H
No Natural Areas are Documented Within a One -mile Radius of the Project Area
No Managed Areas are Documented Within a One -mile Radius of the Project Area
Accuracy Federal
Status
5-Very ---
Low
3-Medium Threatened
3-Medium ---
State Global State
Status Rank Rank
Significantly G3G4 Sl?
Rare
Threatened G1 S3
Significantly G2 S1
Rare
Throughout
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.org/help. Data query generated on October 13, 2023; source: NCNHP, Summer (July) 2023.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 4

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October 13, 2023
Buffered Project Boundary
0 Project Boundary
NGNHDE-23624: Fairgrounds Road Site
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Sources- Esn. Airbus OS. uSGS, NGA. NASA, CGiAR, N Robinson, NCEAS,
eo NLS, O5, NMA, Gdata tyrelsen, Rijkswalersleat. G5A, Georand. FEMA.
Inlemnap and the G1 3 user ce mmumty
Sources: Esn, HERE, tannin, FAO, NOM. USG5. ® OpenSlreerllap
cmtributom, and the GIS User Community
Page 4 of 4

FEMA FIRMETTE

BUFFER DETERMINATION LETTER

DEPARTMENT OF PUBLIC UTILITIES
PO BOX 2263
SMITHFIELD, NC 27577
[phone]
May 30, 2023
Mary Catherine Lambert Ingle
1585 Guy Rd
Clayton, NC 27520
Subject: Neuse River Buffer Call
NBR# NB 23-014
Project Name: Old Fairground Rd. Subdivision (NC Pin# 161300-54-5956, 161300-65-0001,
161300-55-3151, 161300-67-0587, 161300-56-2923 and 161300-56-6871)
Location / Directions: Old Fairground Rd. across from Abundant Ridge Dr.
Subject Stream: F- A UT to Hooks Branch (C; NSW)
F-B UT to Black Creek (C; NSW)
F-C Black Creek (C; NSW)
F-D UT to Hooks Branch (C; NSW)
Determination Date: May 25, 2023 Staff. Charles Pender
Not
Soil
USGS
Latitude
Longitude
Feature
Subject
Subject
Start @
Stop @
Survey
Topo
(Dec.
(Dec.
Degrees)
Degrees)
Subject at
F-A
❑
®
Orange
n/a
®
®
35.49894
-78.61030
Flagging
Did not
F-B
❑
®
evaluate.
n/a
Subject by
rule.
Did not
F-C
❑
®
evaluate.
n/a
Subject by
rule.

F-D
Did not
Includ
®
evaluate.
Throughout
es
Subject by
Pond
rule.
Explanation: The feature(s) listed above that are checked "Subject" to the Johnston County Neuse
Riparian Buffer Ordinance (Section 14-393 Johnston County Code of Ordinances) has or have been
approximately shown on either the Soil Survey of Johnston County, North Carolina (1994) or the most
recent version of the 1:24,000 (7.5 minute) quadrangle topographic maps prepared by the United States
Geologic Survey (USGS), and have been located on the property and possess characteristics that qualify
it to be a stream. Each feature that is checked "Not Subject" has been determined not to be a stream or is
not present on the property. There may be other streams located on your property that do not show up on
the maps referenced above but still may be considered jurisdictional according to the US Army Corps of
Engineers and/or the North Carolina Division of Water Resources.
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 Johnston County may request a
determination by the Director of the Division of Water Resources c/o the 401 and Buffer Permitting
Unit, or its successor. An appeal request must be made within sixty (60) days of the date of this
letter or from the date the affected party (including downstream and/or adjacent owners) is notified
of this letter. A request for a determination by the Director must be submitted in writing with a
copy of this letter to:
North Carolina Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
This determination is final and binding unless, as detailed above, a request for an appeal has been
made in writing within sixty (60) days.
The owner/future owners should notify the Division of Water Resources (including any Local,
State, and Federal Agencies) of this decision concerning any future correspondences regarding the
subject property (stated above). This project may require a Section 404/401 Permit for the
proposed activity. Any inquiries should be directed to the US Army Corps of Engineers Raleigh
Regulatory Field Office at [phone] and the Division of Water Resources 401 & Buffer
Permitting Unit at [phone].
If you have any questions regarding this determination, please feel free to contact Charles Pender at (919)
209-8333 or via email at charles.pender@johnstonnc,com.
Sincerely,
Charles Pender, Jr.
Engineering and Environmental Technician