20231447 Ver 1_Attachments_20231023

AGENT AUTHORIZATION

AGENT AUTHORIZATION FORM
Date: 10/18/2023
rroject mrormation
S&ME Project Name:
James Street Sewer Extension
Type of Project:
Wastewater
Location:
James Street/Markham Street, Apex, NC
Nroperty uwner7Kep mrormation
Owner Name: Town of Apex
Mailing Address: 105-B Upchurch Street
City, State, Zip Code: Apex, NC 27502
Telephone No. / Email: 919-249-3353 / [e-mail]
I Contact:
Marty Stone
H4ent mronnauun
Business Name:
S&ME, Inc.
Street Address:
3201 Spring Forest Road
City, State, Zip:
Raleigh, NC 27616
Telephone No.
919-872-2660
Contact:
Walter Cole, LSS / Ashley Bentz, PWS
Authorization: I, /N ' YL DSAS .ehereby authorize S&ME, Inc. to
Signature:
submit inf6rmation to and coordinate with the US Army Corps of Engineers
(USACE) and/or the NC Division of Environmental Quality (NCDEQ) and other
relevant Federal/State/Local agencies pursuant to obtaining necessary
environmental permits for the project referenced above. If applicable, this also
authorizes the USACE/NCDEQ to access the proposed easement for the
purposes of conducting site assessment/confirming the accuracy of delineated
boundaries, provided that prior notification is given.
S&ME, INC. / 3201 Spring Forest Road / p 919.872.2660/www,smeinc.com

IMPACT EXHIBIT

✓AMES ST J✓ N
C)
2
D
SITE - z pR
� E
VICINITY MAP (NOT TO SCALE)
HATCH LEGEND
ZONE 1 BUFFER IMPACT
ZONE 2 BUFFER IMPACT
WETLANDS IMPACT TEMPORARY
/ CREEK
CENTERLINE
ZONE 1 BUFFER IMPACT
1,605 SF
ZONE 1 BUFFER IMPACT
1,900 SF
IN
N/F
N/F JEFFREY P FIKE
55 JAMES AT MIDTOWN s N CHERYL R FIKE
HOMEOWNERS ASSOC. INC. PIN # 0741-78-1010
PIN # 0741-66-8998 E 1 "IPF DB 19224 PG 2395
DB 16148 PG 1732 NC Grid-NAD83(2011) BM 2018 PG 2169 1"IPF
BM 2013 PG 1130
1 "IPF
ZONE 1 BUFFER IMPACT
1"IPF 110.5 SF ZONE 1 BUFFER IMPACT
64.5 SF
luIF '-I -30'
30' TOWN OF APEX
SEWER EASEMENT
ZONE 2 BUFFER IMPACT
15.541 SF / 0.3568 AC
WETLANDS IMPACT
297 SF
EXISTING 20' WIDE
?� SANITARY EASEMENT
Z PER BM 1988 PG1407
-� 601 SF/0.014AC
0
WETLANDS IMPACT
173.5 SF
IMPACT SUMMARY
IMPACT
AREA
LENGTH
WIDTH
STREAM
SF
AC
TEMPORARY
CULVERT
RIPRAP
ZONE 1 BUFFER
TEMPORARY
-
-
PERMANENT
3680
0.0845
ZONE 2 BUFFER
TEMPORARY
15541
0.3568
PERMANENT
-
-
WETLANDS
TEMPORARY
-
-
PERMANENT
600.5
0.0138
PERMANENT
NO LOSS
CREEK
1tIPF CENTERLINE
30' TOWN OF APEX J
SEWER EASEMENT WETLANDS IMPACT
130 SF
N/F
BRIARTAC FAMILY LLC
TONYA C CUMALANDER, TRUSTEE
PIN # 0741-77-5014
DB 13812 PG 334
BM 1985 PG 1866
TREET
AM S
MARKNPUBOC'R1g66
BM1985 PG
N BRIARTAC FAMILY LLC
TONYA C CUMALANDER, TRUSTEE
PIN # 0741-77-5014
DB 13812 PG 334
NOT FOR RECORDATION, CONVEYANCES OR SALES, BM 1985 PG 1866
PLAT SUBMITTED FOR REVIEW PURPOSES ONLY
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REVISIONS:
DATE OF
EXHIBIT:
8/24/2023
SCALE:
1" = 60'
DRAWN BY:
J. FLEMING
CHECKED BY:
R. BOHN, PLS
PROJECT:
70737.0004.03
SHEET: 1 / 1

PROTECTED SPECIES DOCUMENTATION

F7#i&Wlusurr
XEF4' 1r 6
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: September 20, 2023
Project Code: 2023-0131212
Project Name: James St / Markham Street Sewer Improvements
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

09/20/2023
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.

09/20/2023
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]

09/20/2023
4
PROJECT SUMMARY
Project Code: 2023-0131212
Project Name: James St / Markham Street Sewer Improvements
Project Type: Wastewater Pipeline - New Constr - Below Ground
Project Description: proposed sewer line
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/035.72186615,-78.84070515947361,14z
Counties: Wake County, North Carolina

09/20/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 9 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

09/20/2023
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
Dwarf Wedgemussel Alasmidonta heterodon
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/784
Endangered
Yellow Lance Elliptio lanceolata 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/4511
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.
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.

09/20/2023
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 Treaty Act 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.
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.
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.
0 probability of presence breeding season I survey effort — no data

09/20/2023 8
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non -BCC 40 �ttt 10*0 $+++ +++0 0+0100++ +001 an
Vulnerable
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 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.
NAME
Bald Eagle Haliaeetus leucocephalus
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.
BREEDING
SEASON
Breeds Sep 1 to
Jul 31

09/20/2023
BREEDING
NAME
SEASON
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://ecos.fws.gov/ecp/species/9399
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.
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 to 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 to Sep 10
and Alaska.
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 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.

09/20/2023 10
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
1 1DEC
Bald Eagle
Non -BCC I +*++ j+++ *to $+a *s++ +**i ♦iii
4 TT
Vulnerable yy�
Black -billed ++++ +++ I I-+++ +++T ++++ ++++
Cuckoo
BCC Rangewide
(CON)
Chimney Swift
BCC Rangewide ++++ ++++ ++++ T111 01111111 lid Z+11 11111110 ++++ ++++
(CON)
Eastern Whip -Poor -
will ++++ ++++ ++++ ++++ ++++ ++o+ ++++ ijj+ ++++ ++++ ++++ ++++
BCC Rangewide
(CON)
Prairie Warbler ++++
BCC Rangewide T+ TT I I I *+T T+++ ++** +++* ++++ ++*+ ++++ ++++ (CON)
Prothonotary Warbler ++++ 44 ++++ ++++ ttjl 1161
w++++ ++++ ++++ ++++ ++++
BCC Rangewide--- --
(CON) yy yy yy i yy
Red-headed +T++ T �T1� $NON 0+'r �� Woodpecker
BCC Rangewide �+ ��
(CON)
Wood Thrush BCC Rangewide ++++ oin o+++ +A +++I *+++ ++++ ++++
(CON)
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/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/suDDlemental-information-migratorv-birds-and-bald-and-p-olden-eap-les-mav-occur-
pro, ect-action

09/20/2023
11
IPAC USER CONTACT INFORMATION
Agency: S&ME, Inc.
Name: Ashley Bentz
Address: 3201 Spring Forest Road
City: Raleigh
State: NC
Zip: 27616
Email [e-mail]
Phone: [phone]

Roy Cooper, Governor
0■ ■■0 INC DEPARTMENT OF
■ ■
■■u■■ NATURAL AND CULTURAL RESOURCES
■ ■■■
September 20, 2023
Ashley Bentz
S&ME, Inc.
3201 Spring Forest Road
Raleigh, NC 27616
RE: James Street / Markham Street Sewer Improvements
Dear Ashley Bentz:
D. Reid Wilson, Secretary
Micky Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-23389
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact the NCNHP at natural.heritage(a)dncr.nc.gov.
Sincerely,
NC Natural Heritage Program
DEPAR71MEN7 OF NATURAL AND CULTURAL RESOURCES
fl 121 W. JONES STREET, RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER, RALEIGH. Nc 27699
OFC 919.707.9120 • FAX 919.707,9121

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
James Street / Markham Street Sewer Improvements
September 20, 2023
NCNHDE-23389
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name ast Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank
Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very --- Significantly G5 S2?
Damselfly Low Rare
Reptile 39358 Ophisaurus attenuatus Eastern Slender Glass 1964-09-14
longicaudus Lizard
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name
Owner
NC Department of Transportation Mitigation Site
NC Department of Transportation
Town of Apex Greenway
Town of Apex
Town of Apex Open Space
Town of Apex
Town of Apex Open Space
Town of Apex
Town of Apex Open Space
- Clairmont Park
Town of Apex
Town of Apex Open Space
- Hunter Street Park
Town of Apex
Town of Apex Open Space
- Jones Park
Town of Apex
Town of Apex Open Space
- Seagrove Farm
Town of Apex
Neighborhood Park
Town of Apex Open Space
- West Street Park
Town of Apex
H 4-Low --- Special G5T5 Sl
Concern
Owner Type
State
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on September 20, 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 3

NCNHDE-23389: James Street / Markham Street Sewer Improvements
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S I I I I I I I I
September 20, 2023
Managed Area (MAREA)
Q Buffered Project Boundary
Q Project Boundary
Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS,
NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat GSA, Gecland, FEMA,
Intermap and the GIS user community
Sources: Esri. HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap
contributors; and the GIS User Community
Page 3 of 3

FEMA FIRMETTE

National Flood Hazard Layer FIRMette
78o5O'46"W 35o43'34"N
TOWN— OF APES € AREA O F fti I N I
- 1a � AN
370467'%.
• r
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Feet
0 250 500 1,000 1,500 2,000
FEMA
i
TOWN OF APEX
370467'0
1.6,000 , ...
Basemap Imagery Source: USGS National Map 2023
Legend
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
Without Base Flood Elevation (BFE)
Zone A, V, A99
SPECIAL FLOOD With BFE or Depth Zone AE, AO, AH, VE, AR
HAZARD AREAS Regulatory Floodway
0.2%Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mile zone x
_Future Conditions 1% Annual
Chance Flood Hazard Zonex
Area with Reduced Flood Risk due to
OTHER AREAS OF Levee. See Notes. zone x
FLOOD HAZARD Area with Flood Risk due to Leveezone D
NO SCREEN Area of Minimal Flood Hazard zonex
Q Effective LOMRs
OTHER AREAS Area of Undetermined Flood Hazard zone
GENERAL -- - - Channel, Culvert, or Storm Sewer
STRUCTURES IIIIIII Levee, Dike, or Floodwall
cl Cross Sections with 1% Annual Chance
17•5 Water Surface Elevation
a - - - Coastal Transect
^-^^-5n— Base Flood Elevation Line (BFE)
Limit of Study
Jurisdiction Boundary
— --- Coastal Transect Baseline
OTHER _ Profile Baseline
FEATURES Hydrographic Feature
Digital Data Available N
No Digital Data Available
MAP PANELS Unmapped
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 9/20/2023 at 2:29 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.

BUFFER DETERMINATION LETTER

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
James Gregg
Town of Apex
P.O. Box 250
Apex, NC 27502
NORTH CAROLINA
Environmental Quality
March 23, 2021
Subject: Stream Determination Letter
RRO #21-022
Determination date: 03/22/2021
Staff: Brion Byers
Wake Coun
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 213.0233)
❑ Tar -Pamlico (15A NCAC 2B .0259)
Intermittent/Perennial Determination
❑ Jordan (15A NCAC 213 .0267)
(governmental and/or interjurisdictional
projects)
Project Name: Markham St / James Street Site
Address/Location: 100 Markham Street, Apex, NC
Stream(s): UT - Middle Creek
Feature
E/UPM
Not
Subject
Start@
Stop@
Soil
USGS
Subject
Survey
To o
Feature S1
I/P
X
Approximately
Outside of
X
X
35.7224270
Project
-78.8411730
boundaries
(1) E=Ephemeral, I=Intermittent, P=Perennial, NP=Not Present, NA=Not applicable
Explanation: The features(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 at least intermittent or is not present. Streams
that are checked "Subject' have been located on the property and possess characteristics that qualify it to be at least
an intermittent stream. There may be other features located on the property that do not show up on the maps
referenced above but may be considered jurisdictional according to the US Army Corps of Engineers.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c% Paul Wojoski; DWR
— 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NORl A CAROLINA -
"a-1.--emaiquality /` 919.791.4200

Buffer Determination Letter
RRO #21-022
Markham St/James St
March 23, 2021
Page 2 of 2
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 Brion Byers at [phone], or by
email at brion.b} ersgncdenr.jzo .
Sincerely,
DocuSigned by:
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: RRO DWR File Copy
Walter Cole, S&ME, wcole&smeinc.com
Marisa Verbanic, S&ME, mverbanicksmeinc.com

DELINEATION FEATURE EXHIBIT

MITIGATION STATEMENT OF AVAILABILITY

fires
Statement of Availability - Neuse 03020201 (Outside Falls)
EBX-Neuse I, LLC and Environmental Banc and Exchange (EBX)
Riparian Buffer Mitigation Banks
October 20, 2023
Town of Apex
105-B Upchurch Street
Apex, NC 27502
Re: James Street Sewer Extension project
This Statement of Availability confirms that Town of Apex for the James Street Sewer Extension project has expressed
an interest to utilize 7,360.00 Square Feet of Riparian Buffer Mitigation Credits from one of the following banks, EBX-
Neuse 1, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation
Bank, RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, EBX Upper Neuse Riparian Buffer Umbrella
Mitigation Bank, RES 2021 Neuse Umbrella Mitigation Bank, or RES 2022 Phase 11 Umbrella Mitigation Bank. As the official
Bank Sponsors, EBX-Neuse I, LLC and Environmental Banc & Exchange, LLC, confirms that the required amount of
mitigation credits is currently available at one or more of the mitigation bank parcels listed below, each of which are
located in HUC 3020201.
BANK PARCEL
BANK SPONSOR
DWR PROJECT #
Bucher
EBX-Neuse I, LLC
2016-0977v2
Selma Mil
EBX-Neuse I, LLC
2014-0705v2
Hannah Bridge
EBX-Neuse I, LLC
2017-0537v2
Meadow Spring
EBX-Neuse I, LLC
2016-0980v2
Polecat
EBX-Neuse I, LLC
2016-0978v2
Stone Creek
EBX-Neuse I, LLC
2016-0241v2
Poplar Creek
EBX-Neuse I, LLC
2016-0979v2
Uzzle
EBX-Neuse I, LLC
2016-0981v2
Shady Grove
Environmental Banc & Exchange, LLC
2020-1091v2
Wolf King
Environmental Banc & Exchange, LLC
2020-1149v2
Thunder Swamp II
Environmental Banc & Exchange, LLC
2021-0306v2
Caraway Bluff II
Environmental Banc & Exchange, LLC
2014-0820v6
Mitigation credits are not considered secured with this SOA, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until credits have been reserved or purchased. Invoices reserve credits and per -credit
pricing for a period of 30 days. Credits and pricing may be reserved for an extended period by signing a reservation
agreement and paying a 10% deposit.
Once payment has been received in full, the Mitigation Credit Transfer Certificate will be issued within three (3) days by
the Sponsor acknowledging that the Applicant has fully secured credits from the bank and the Sponsor has accepted full
responsibility for the mitigation obligation requiring the credits/units. A copy of the Mitigation Transfer Certificate,
Compensatory Mitigation Responsibility Acceptance Form, and a documented copy of the debit of credits from the Official
Bank Credit Ledger(s), indicating the permit number and the resource type secured by the applicant will also be sent to
the regulatory agencies showing the proper documentation.
1

fires
Thank you for allowing us to assist with your project. Please contact me at 919-209-1055 [e-mail] if you have any
questions or need any additional information.
Thank you!
Amy Staley
Credit Sales Manager
Bank Sponsors — EBX-Neuse I, LLC and Environmental Banc & Exchange (EBX)
CC:
Katie Merritt, Nutrient Offset & Buffer Banking Coordinator, NCDEQ Division of Water Resources
Zachary Thomas, Environmental Program Consultant, NCDEQ Division of Water Resources
Ashley Bentz, Project Scientist, S&ME