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Home My WebLink About20231442 Ver 1_Supporting Docs_20231023Compiled Information for Old Stage Gemstone PCN Submittal Deed BKO19043PG00051 Excise Tax: $2, 580 Parcel Identification Number: out of REID #0136800 Mail after recording to: Grantee WAKE COUNTY, NC TAMMY L. BRUNNER REGISTER OF DEEDS PRESENTED & RECORDED ON 05-31-2022 AT 14:02:01 STATE OF NC REAL ESTATE EXCISE TAX: $2,580.00 BOOK: 019043 PAGE: 00051 - 00053 THIS INSTRUMENT WAS PREPARED BY: Jason W. Wenzel [No Title Examination] BRIEF DESCRIPTION FOR THE INDEX: Lot 3. 4 and 5 Book of Maps 2022,. page 671, Wake County NORTH CAROLINNA GENERAL WARRANTY DEED THIS DEED IS MADE THIS THE lq DAY OF MAY 2022, BY AND AMONG THE FOLLOWING: GRANTOR: JAMTS DANIEL FISII, JR., Trustee of the James Daniel Fish, Jr. Revocable' Trust under agreement dated December 9, 1999, as amended (a 50°/) undivided interest); and KAY CURRIN FISII, Trustee of the Kay Currin Fish Revocable Trust under agreement dated December 9, 1999, as amended (a 509/) undivided interest) 49I6 Tlieys Road Raleigh, North Carolina 27606 GRANTEE: OLD STAGE ROAD, LLC A North Carolina limited liability company 206 Raleigli Street l-uquay Varina, North Carolina 27526 That Grantors, for and in consideration of the suns of TEN DOLLARS ($10.00) and other good and valuable considerations, has and do hereby give, grant, bargain, sell and convey to Grantee, its successors and assigns in fee sin-iple forever all of Grantors' interest in that certain parcel of land located in Wake County, North Carolina, as more particularly described as follows: Being all of Lots 3, 4 and 5 as shown on plat and survey entitled "Lots 3, 4 and 5 James Daniel Fish, Jr. Revocable Trust and Kay Currin Fish Revocable Trust" dated 4/5/22 by Stewart -Proctor, PLLC and recorded in Book of Maps 2022 page 671, Wake County Registry, and being a portion of that certain property described in Book 17072 page 1286, Wake County Registry. fNi1112417.DOC; 1, submitted electronically by "Bagwell Holt smith P.A." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the wake county Register of Deeds. BKO19043PG00052 This is not the primary residence of any Grantor. TO HAVE AND TO HOLD all of Grantors' interest in the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantees in fee simple. And the Grantors covenant with the Grantees, that Grantors are seized of the premises in fee simple, have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantors will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions which shall run with the land: 1. Ad valorem taxes for current and subsequent years; 2. No Mobile or Modular homes shall be placed on any lot at any time. 3. Residential structures must have a minimum of 1,900 sq. ft., stick built and onsite construction only. 4. No junk or in -operable cars/vehicles without current license tags are to be stored outside on any lot at any time. 5. All fences need to be aesthetically pleasing and at no time shall barbed wire fences be allowed. 6. No commercial livestock operations including, but not limited to, swine or poultry operations shall be permitted on any lots. SIGNATURE PAGE TO FOLLOW {N0332417.DOC; 31 BKO19043PG00053 IN WITNESS WHEREOI=, the Trustees have duly executed the foregoing as of the day and year first above written. SEAL) AMES DANIE ' FISH, JR., `I'ru e ` of the James Daniel Fish, Jr. Re ' cahle'Trust under agreement dated December 9, 1999, as amended SEAL) KAY C 2IN FISH, Trustee of the ay Currin Fish Revocable `Trust under agreement dated December 9, 1999, as amended NORTH CAROLINA COUNTY a Notary Public, in and for said County and State, do hereby certify that JAMES DANNIEL FISH, JR., Trustee of the James Daniel Fish, Jr. Revocable 'Trust under agreement dated December 9, 1999, as amended, personally appeared before me this day and being by me duly ~worn, says that he executed the foregoing and annexed instrument in his capacity as Trustee of the aforesaid trust, and that his authority to execute and acknowledge said instrument and to act as Trustee is contained in the trust agreement. The aforesaid Trustee acknowledged the due execution of the foregoing and annexed instrument bor the purposes therein expressed, as Trustee. r-, r\\ Witness my hand and notarial sea]/stamp, this day ofMay, 2022. My Commission Expires: tL Z'i Notary Public °' a [attach notary seal] j NORTH CAROLINA „# ` rrt,t COUNTY -� I, Mr, fur t �f r r ,r# , a Notary Public, in and for said County and State, do hereby certify that KAY CURRIN FISH, Trustee of the Kay Currin Fish Revocable Trust under agreement dated December 9, 1999, as amended, personally appeared before me this day and being by me duly sworn, says that she executed the foregoing and annexed instrument in her capacity as Trustee of the aforesaid trust, and that her authority to execute and acknowledge said instrument and to act as Trustee is contained in the trust agreement. Tlie aforesaid Trustee acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed, as Trustee. Witness my hand and notarial seal/stamp, this 4. i day of May, 2022. My Commission Expires: If I,.c 1 [attach notary sea]] Public Tr L.IC; Agent Authorization Form Mitchell Environmental, P.Q. The Department of the Army US Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402-1890 To Whom It May Concern: AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner NCDENR — Division of Water Resources 401 & Buffer Permitting Unit 1660 Mail Service Center Raleigh, NC 27699-1650 I, the undersigned, current property owner designate and authorize representatives of Mitchell Environmental, P.A., to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental,information in sup ort of applications, etc., from this day forward. This the day of o� 20-,7 Z_ (number) (Month) (Year) 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) 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 notification supersedes any previous correspondence concerning the agent for this project. Project Name: Property Owner's Name (I Property Owner's Signatu Property Owner's Mailing Add Location: Property Owner's Telephone: L11q -3 S S , {-0 S q9 Fax No. Property Owner's Email Address: 5 G r9 n 1501 Lakestone Village Lane, Suite 205 Fuquay-Varina, Noah Carolina 27526 919-669-0329 Wetland Sketch & Impact Maps - ..r mat_ — ----y„--- .., Old Stage - Gemstone Not a survey, features are approximately represented. Preliminary wetland delineation completed by Mitchell Environmental staff. Suitable for preliminary planning purposes only. Not yet approved by U.S. Army Corps of Engineers, NCDWR, Wake County, or other entity. July 15, 2022 Wetland C ow. AgY Fla s C1-4 Wetland A/B (Flags Al-42 & B1-34) }� N 0 100 200 400 Pt 1 inch equals 200 feet Disclaimer Maps makes every effort to produce and publish the most current and accurate information possible - However, the maps are produced for lnformation purposes, and are NOT surveys. No warranties, expressed or implied ,are provided for the data therein, its use,or its interpretation. 5 � Co a W m N �q W N 00 J N 0 0 LL N U� LU LU a O N a 23 I I I - � 22 25TREE AND VEGETATION PROTECTION ZONE (B.M. 2022 PG. 671) 25' TREE & VEGETATION PRESERVATION ZONE WIRE 6' OFF LINE LEGEND: FLARED END SECTION RISER STRUCTURE CATCH BASIN R YARDINLET ❑®" YARD INLET (2'x2') OPEN THROAT YARD INLET SW=295.40 SPOT ELEVATION FG=295.32 4.0% FLOW DIRECTION RIP -RAP OUTLET PROTECTION STORM DRAIN LINE �400— MAJOR CONTOUR MINOR CONTOUR — INTERMEDIATE CONTOUR 25' TREE AND VEGETATION PROTECTION ZONE (B.M. 2022 PG. 671) WINDY BROOK DRIVE '_4 / \ 8' SOIL PATH / \ 25' TREE & QTUA VEGETATION \ W W PRESERVATION \ \ ZONE \ / 1811CPI x 280 cp _- L 3+57 J W x / /'r\ 2 ' PUBLIC DRAINAGE \ / / /A/W� EASEMENT I i 279 / W W /W - W \\A / \ '4 \�/>/ y \� f W,Y 20 P BINAGE / W/ i �` i(W, \ Q�� / > EASEMENT W W W � W W"Tim � W 1 X. \ � \ 11 1 \ Z /W /W, W, W� � /W\\ W W✓ `Y J✓ lfi �W / W� ^O '/ W PEANCYtF,81eIjV6D W W a N I I I I �/ W M® (a'I�i}� / W 73*1 02 S� / / XOO / W, XW W �Y W W/ x A/ X. /W / W, W/ W � W W/ •4 / I 1 9% \ I/ /� W W W iiiTTTco 0 \ oo // PERMANENT WETLAND W WyW �W / \/ l ^N \ DISTURBANCE = 2809 SF (0.06 AC) /`�j , // I 1100 27 WW yo W 78x00/� / ✓I \ / N / ,X �W \E9/ IW / N / SCALE: 1 IN = 40 FT 40' 20' 0 40' 80' SEE SHEET C-4.2 FOR STORM SCALE IN FEET HORIZONTAL DRAINAGE TABLES 10 / / / / // W `Y I W � .✓I X` W �I I I A/W n N 300. I - c� m I ' STONE MEADOW DRIVE SUMMERLIN WOO WAY \ ��14100 \ 34 MP i�'''�i/i��/\///,�� III N l_ / / / / / Im I I / / I P,ERNJANENTL PR�I�V�D/// I III NJAN9G� OPEN SPA JE* / 53$2 $V / I I 26'RRIVfiTE�rCeE SS /// / j /�////,,, // _j *W E EAgEe , / , , o \ CO / , , / / I I I \ � II Coi C, N I C. +T 0 C. I 12+00 m CONSTRUCTION PLAN PLG-X-X SUBDIVISION PLAT PLG-004102-2022 KCVIJIUINJ 0 PROFESSIONAL'S SEAL CONSULTANT CLIENT PROPERTY OWNER CONSTRUCTION DRAWINGS Old Stage Road, LLC NON -WATER SUPPLY WATERSHED - CLUSTER SUBDIVISION py� �j � ENG/N �1 11 206 Raleigh Street �FW1I� L J`�Q FF T (919) 552 0849 205 S. Fuquay Avenue 11 1 11 g 9• c �, F (919)552-2043 Fuquay-Varina,NC 27526 Fuquay-Varina, NC 27526 FOR;�EI W b11Yurr EST. p 1 o GEMSTONE Q H O M E S PIN: 0694.01-08-1130, 0694.01-08-2521, 0694.01-08-2930 SUMMERLIN ESTATES SUBDIVISION STATUS 36823 0 ), �� PO Box 146 REID: 0496032, 0496033, 0496034 9'• Fiv �Q.� ti CARS Holly Springs, INC 27540 FOR REVIEW ONLY - NOT FOR CONSTRUCTION % �••'•• � I•NE '` ENGINEERING DB: 01943 PG. 0051 -o,�t�'A/ NC LIC N0. P-0799 Contact: Chris (m) ENVIRONMENTAL IMPACTS PLAN DATE: OCTOBER 2, 2023 HORZ. SCALE:1" = 40' /�/i1l Isii0\`�\\\ Contact: Chris Schiavone B.M. 2022 PG. 671 FILE NO. 2022-034 ORIG. SHEET SIZE: 24 x 36 chris@gemstonehomesnc.com C-7.0 Soil Survey & USGS Maps ON -\*H Egg µW o - V WAKE J COUNTY, NORTH CAROLINA — SHEET NUMBER 104 Ma wac (Joins sheet 102) 1 (Joins sheet 103) WaB NoA HrB (Joins sheet 102) HrC NuB waB Ra �i tird2 - dL, Nob d /y AgC 110 \ WaB y iQ t,A Yi�f r�)n,WaB AP B. R R CpUN�1(i Hr m B c N 1 O No Wad �\ Lv 3 Cm HrC Oa � iPaC. HPOweb., & Floodplain IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Wake County, North Carolina 1) Local office Raleigh Ecological Services Field Office t (919)856-4520 JIB (919)856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSIC.AI ADDRESS 551 Pylon Drive, Suite F Raleigh, INC 27606-1487 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project - specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT, 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. v Listed speciesl and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA FisheriesZ). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for Species under theirjurisdiction. OIL %.t% %w/ 1. Species listed under the En_dapgered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the )fig status Wgg for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 2. NOAA Fisheriesalso known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Mammals % NAME � STATUS Tricolored Bat Perimyotis subtlavus Proposed Endangered Wherever found No critical habitat has been designated for this species. h ttpsJl e ms. fws.govlecpls pec i es110515 Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered Wherever found No critical habitat has been designated for this species. httpL.//ecos.fws.gov/ecp/species/7614 Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi Threatened Wherever found There is final critical habitat for this species. Your location does not overlap the critical habitat. http5.*.//ecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Endangered Wherever found There is final critical habitat for this species. Your location does not overlap the critical habitat. httpa-//eco.s.fws.gov/ecp/�Species/528 Clams NAME Atlantic Pigtoe Fusconaia masoni Wherever found There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.goy/ec p/species/5164 Insects NAME Monarch Butterfly Danaus plexippus Wherever found No critical habitat has been designated for this species. Igps://e cos.fws.guy&L pL5 pec i es/9 743 Flowering Plants NAME Michaux`s Sumac Rhus michauxii Wherever found No critical habitat has been designated for this specles. h tt ps: //e c os. fws.govlec pls pec i es/ 5 217 STATUS Threatened STATUS Candidate STATUS Endangere N\OOOP N Critical habitats Potential effects to critical habitat(s) in this location must be analyzed aiding with the endangered species themselves. There are no critical habitats at this location. You are still required to determine if your project(s) may have effects on all above listed species. Bald & Golden Eagles Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act' 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 habitat53, should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. Additional information can be found using the following links: • Eagle Managment https://www.fws.gov//program/eagle-management • Measures for avoiding and minimizing impacts to birds httpa://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.pcif • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/media/supplemental-information-migratory-birds- and bald and golden-eaglesoccur-project action There are bald and/or golden eagles in your project area. 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 Jul 31 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. 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 (m) 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. How is the probability of presence score calculated? The calculation is done in three steps: 1. 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 provability 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 0.2510.25 = 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. To see a bar's probability of presence score, simply hover your mouse cursor over the b Breeding Season( ) lk XS1 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. To see a bar's survey effort range, simply hover your mouse cursor over the bar. * No Data (—) . N 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. ;PE•�IES J.AN 7E5 MAR APR Bald Eagle { I. + .I: j l l 1 i I 4 'I r Non -BCC Vulnerable a probability of presence breeding season I survey effort — no data MAY JUN pJ' AUG S E F What does IPaC use to generate the potential presence of bald and golden eagles in my specified location? -- OCT NOV DEC , I F— *__. ,._..I The potential for eagle presence is derived from data provided by the Avian Knowledge Network (gam(). The AKN data is based on a growing collection of survey,. n ing, 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). To see 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 of bald and golden eagles in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC), 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 surveyJaandi0g, 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 (E-agle 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 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. Please contact your local Fish and Wildlife Service Field Office if you have questions. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act' 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. Additional information can be found using the following links: • Eagle Management h_t ps://www.fws.goylprogrgM/e gle-managemen ■ Measures for avoiding and minimizing impacts to birds fps://www.fws,govl ibrary/collections/avoiding-and-minimizing-incidental-take- rnjgratorv-bi rds • Nationwide conservation measures for birds h,Jtp.5:L/www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation- measures.pdf ■ Supplemental Information for Migratory Birds and Eagles in IPaC bans*/,'www.fws.govlmedialsupplemental-information-migratory- it - and-bald-and-golden-eagleles�mav_oc -p gject-action The birds listed below are birds of particular concern either because they occur on the USEWS 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 mapp1ngM_W (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 1 ist to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Hafiaeetus leucocep4alur%�� Breeds Sep 1 to Jul 31 This is not a Bird of Conservation Concem (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Brown -headed Nuthatch 5itta pusilla Breeds Marl to jul 15 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug 25 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Painted Bunting Passerina ciris Breeds Apr 25 to Aug 15 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Prairie Warbler Dendroica discolor Breeds May 1 to jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA 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 (m) 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. How is the probability of presence score calculated? The calculation is done in three steps: 1. 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. Ili 2, To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probabilf}ynf 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 0.0510.25 = 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. To see a bar's probability of presence score, simply hover your mouse cursor over the bar, 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. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data (—} A week is marked as having no data if e'weweno 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 PECIEs JAN FEa MAR APR MAY JUN JUL AVG SEP 0l7 NOV DEC Bald Eagle + ttt ��—•� _.+__ .+ + t ++w+ �___ F �- , Non -BCC Vulnerable Brown -headed Nuthatch +A +111 11++ 1+1+ } +_ �� _-- 111_ +__1 __11 BCC -SCR , Chimney5wift +--+ ++++ ++++ +111 BCC Rangewide (CON) Painted Bunting +--+ '+++ ++++ ++++ ++-- ��1 IIII NU--- ++— +--- ---+ BCC Prairie Warbler +--+ ++++ ++++ ++++ '■ IIII '++— +--- ---+ BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide +—_+ + ++t ++ + t + ,tt +}`— +�� IIII 1111 + -- — +— +--- '--+ (CON) Rusty Blackbird +--+ -il ++++ ++++ ++-- —+-- —+++ 4-4- — — — — —++— +--- ---+ BCC-BCR Wood Thrush � I 1 1 ++ F+++ a ♦T I TT- i . _ i I i �MMM i■77m i +--- — — —+ BCC Rangewide (CON) 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 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 (BCC) 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.,g, 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 &yin gwi edge Network [AK�+I ). 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" ling. How do I know if a bird is breeding, wintering or migrating in my area? < \k, 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 mabe 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 (indudIng Hawaii, the Pacific Islands, Puerto Rica, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only In particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Nan -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) pot@ntlaI susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longiIne 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 Imparts and requirements for eagles, please see the FAQs for these topics. ❑ eta iIs 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 Mode Iing302� Pfedictive Male ng 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 Spiv eel or Pam Loring, 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, 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. Facilities National Wildlife Refuge lands 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 at this location. Fish hatcheries There are no fish hatcheries at this location. Wetlands in the National Wetlands Inventory (NWI) PO Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or othe State/Federal statutes. For more information please contact the Regulatory Program of the local US. Army Corps of Engineers District. Ik This location did not intersect any wetlands mapped by NWI. NOTE: This initial screening does not replace an on -site delineation to determine whether wetlands occur. Additional information on the NWI data is provided below. *MOO, Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted, Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial Imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Same deepwater reef communities (carat or tuberfIcid worm reefs) have also been excluded From the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. �'•.,°;� Find address/historic resource HPOWEB 2.0 General Audience q 3 � ' u a — — a' ohesta, Ln qa ♦ o WAKE �E i� Pete {, kd JOHNSTON 0 ti a a 3 r� O a N Fo X1 a Town of Cary, Johnston County, State of North Carolina DOT, Esn, HERE, Garmin, INCREMENT P, Intermap, NGA, USGS -78.694990 35.531490 Degrees t 600ft < , i Disclaimer FEMA - Old Stage Gemstone 0 400 800 1,600ft iMapsmakes every effort toproduce and publish the most current and accurate information possible. i I i i i I However, the maps are produced for information purposes, and are NOT surveys. No warranties, expressed or implied 1 inch equals 800 feet ,are provided for the data therein, its use,or its interpretation. PJ D Concurrence Email Adam Aycock From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Wednesday, December 7, 2022 12:12 PM To: Adam Aycock Subject: Gemstone / Old Stage Road / Willow Spring / Wake County / SAW-2022-01652 / JD Request Attachments: Wetland Sketch Map.pdf Dear Adam Aycock, Reference is made to ORM ID SAW-2022-01652, please reference this number on any correspondence regarding this action. On 08/01/2022, we received information from you requesting the Wilmington District, Regulatory Division review and concur with the boundaries of an aquatic resource delineation. 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 Sketch Map. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lcoll9/id/l256 provides guidance for Jurisdictional Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been requested". At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. "This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. Lyle Phillips Regulatory Specialist US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 25. Fax: (919) 562-0421 Email: George.L.PhiIlips@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatory.ops.usace.army.mil/customer-service-survey/ . Thank you for taking the time to visit this site and complete the survey. DWR Buffer Determination DocuSign Envelope ID: AD630D6C-47AB-4885-9FA3-OOFCAA4BF013 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Contact: Old Stage Road, LLC NORTH CAROLINA Environmental Quality 08/10/2022 Subject: Buffer Determination Letter NBRRO #22-288 Wake County Determination Type: Buffer Intermittent/Perennial ® Neuse (15A NCAC 2B .0714) ❑ Tar -Pamlico (15A NCAC 2B .0734) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Old Stage - Gemstone Address/Location: Old Stage Rd, Middle Creek Township, NC Stream(s): Little Black Creek Determination Date: 08/11/2022 Staff: Joe Myers Feature E/l/P1'1 Not �1 Subject Start @ Stop @ Soil USGS Subject Survey To o A E X X (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable (2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale. Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked "Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer rules. There may be other streams located on the property that are not depicted on the maps referenced above and are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B, and may be considered jurisdictional according to the US Army Corps of Engineers. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An North Carolina Department of Environmental Quality I Division of Water Resources DE E Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROUNA D. bw na�w�^m^^einuaoq 919.791.4200 DocuSign Envelope ID: AD630D6C-47AB-4885-9FA3-OOFCAA4BF013 Old Stage - Gemstone Wake County 08/ 11 /2022 Page 2 of 2 appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact J. Myers at (919) 906-8056. Sincerely, Docuftned by: BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: RRO DWR File Copy Laserfiche Contact via e-mail at adamgmitchellenvironmental.com OeparMenl nl EnNr nmenlal tlualll� North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628 919.791.4200 DocuSign Envelope ID: AD630D6C-47AB-4885-9FA3-OOFCAA4BF013 22-288 Old Stage - Gemstone Wake County �i D l IQCIC�C7' a,� v Legend: -Approximate Site Boundary: -Approximate Start/Stop Point y� 5V+7E4 Map provided by NCDEQ (JN Division of Water Resources y Locations are approximate and are provided for refer- . """l*a ence only :: DocuSign Envelope ID: AD630D6C-47AB-4885-9FA3-OOFCAA4BF013 Feature A: Not Subject Legend: -Approximate Site Boundary: -Approximate Start/Stop Point 22-288 Old Stage - Gemstone Wake County 7 F� F,�SrAT£� Map provided by NCDEQ Division of Water Resources n Locations are approximate � o C and are provided for refer- ence only :. 0 3 r f t HrW