20171507 Ver 4_PCN Attachments_Hasse Ave Extension MOD_20231205

PCN Attachments
1. AGENT AUTHORIZATION
2. NCDWR PRE -FILING ACKNOWLEDGEMENT
3. USGS TOPO VICINITY MAP
4. NRCS COUNTY SOIL SURVEY VICINITY MAP
5. NATIONWIDE PERMIT VERIFICATION: SAW-2020-01905
6. 401 INDIVIDUAL WATER QUALITY CERTIFICATION: DWR-20171507v3
7. JORDAN WATERSHED BUFFER APPROVAL: DWR-20171507v3
8. USACE JURISDICTIONAL DETERMINATION (PJD/AJD/CONCURRENCE
EMAIL)
9. TOWN OF APEX- BUFFER DETERMINATION LETTER
10. MITIGATION SOA LETTER (1)
11.COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORMS (2)
12. S&EC THREATENED & ENDANGERD SPECIES REPORT
13. USFWS CONCURRENCE EMAIL
14. SHPO LETTER
15. EXISTING CONDITIONS & PROPOSED CONDITIONS MAPS
16.IMPACT EXHIBITS

Envlirorunental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Rhone: [phone] • Fax: [phone]
sandec.com
MUNICIPAL OFFICIAL / AGENT AUTHORIZATION
Project Name/Description: Hasse Avenue Extension S&EC Project # 13566
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Lyle Phillips Field Office: Raleigh Regulatory Field Office
This document authorizes Soil & Environmental Consultants, PA (S&EC) (as my agent) to act on my
behalf for the sole and limited purpose of taking all actions necessary for the processing, issuance and
acceptance of a permit or certification from the U.S. Army Corps of Engineers and any and all standards
and special conditions associated with said permit or certification. This notification supersedes any
previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site
meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0722406699 0722411102 0721491564 & 0721492956
Site Address: 2500 Olive Chapel Road
City, County, State: Apex,_Wake _County, North Carolina
MUNICIPAL OFFICIAL INFORMATION:
Name: Town nf Apex
Address: pp Box 250
Phone No.: 919.249.3358 Mobile No.:
Email: russeil.dalton(Danexnc.orq
We hereby cert/fy the above Informatlon submitted In this appllcadon Is true and accurate to
the best of our knowledge.

2
Deborah Shirley
From: Mason Montgomery
Sent: Thursday, August 24, 2023 1:11 PM
To: [e-mail]
Cc: Deborah Shirley; [e-mail]
Subject: DWR Pre -Filing Meeting Request- Hasse Ave. Extension Modification
Attachments: 20230802 Hasse Ave Overall Plans.pdf
401/Zachary:
Please see the project details below. This project had a DWR meeting on August 16, 2023. Per confirmation from Zach
Thomas, the date of the email requesting a DWR meeting will be the DWR Pre -Filing Meeting Request date which is
August 1, 2023.
Contact: Deborah Shirley
Contact Email address: [e-mail]
Project Applicant: Town of Apex; — Russel Dalton: [e-mail]
Project Name: Hasse Ave. Extension Modification
Project County: Wake
Is this a Transportation Project: No
Types of Approvals Sought from DWR: 401 WQC-4246
Types of Approvals Sought from USACE: NWP 14
Does this project have an existing project ID#? DWR #20171507v3.
Name of staff member you would like to request a meeting with, if necessary. Zachary Thomas
Brief Description of the proposed project:
The proposed Hasse Ave Extension Modification is located at 2500 Olive Chapel Road, Apex, Wake County, NC. The
project is approximately 4.4 acres. The project's purpose is to modify the previously approved construction of the
roadway extension of Hasse Ave to Olive Chapel Road. Specifically, there are two road crossings that impact wetlands,
streams, and buffers. See attached Overall Site Plan.
Thanks,
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road. Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]

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Project Number: USGS Map Map Title: N
13566.W6 0 1,000 2,000
Project Manager: I i i i I i i i I
MM Hasse Ave Feet
Scale: 1 if = 1000' Wake County, NC
Soil & Environmental Consultants, PA
Date: Source: NC USGS
03/03/2022 2019 New HIII Quad 8412 Falls of Neu eRoud, Su el04,eiBh,NC 27615•Phone [phone]•Fax (9l9)8469467
amdeecom

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Project Number: Map Title: N
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Project Manager: Soil Survey/ Map I i i i I i i i I
MM Hasse Ave Feet
Scale: 1400' Wake County, NC
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Source: Wake County Soil & Environmental Consultants, PA
Date: 8412 Falls of N— Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: (919) W-9467
03/03/2022 Soil Survey Sheet 65 aM&°°°m

5
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01905 County: Wake U.S.G.S. Quad: NC -New Hill
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Town of Apex
Address: PO Box 250
Apex, NC 27502
Size (acres) —4 acres Nearest Town Apex
Nearest Waterway UT to Reddv Branch River Basin Cape Fear
USGS HUC 03030002 Coordinates Latitude: 35.729195
Longitude:-78.916459
Location description: The project site is located north of Olive Chapel Road and south of the terminus of Hasse Avenue, east of
Richardson Road and west of Pricewood Lane in Apex, Wake County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material within 72 linear
feet (0.008 acres) of stream channel, the permanent discharge of fill material resulting in no loss of stream channel within 39
linear feet of stream channel, the temnorary discharge of fill material within 33 linear feet of stream channel and the
permanent discharge of fill material within 0.255 acres of wetlands.
Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 14. Linear Transportation Projects
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 3/16/2022, the ensuing administrative record and the enclosed plans. Any violation
of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration
order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact George Lvle Phillips III at [phone] X25 or George.L.Phil&psna,usace.armv.mil.
Corps Regulatory Official: �&V�qe­ � pkW#k //i Date: 7/26/2022
Expiration Date of Verification: 3/14/2026

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished: Colleen Cohn — NCDEQ-DWR — 3800 Barrett Drive, Raleigh, NC 27609
Ashley Yarsinske — Wildlands Holdings — 1430 South Mint Street, Suite 104, Charlotte, NC 28203
Amy Staley — RES, LLC. — 701 E. Bay Street, Suite 306, Charleston, SC 29403
Kimberly Browning — USACE — 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587

SAW-2020-01905
SPECIAL CONDITIONS
a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby
incorporated as special conditions of this permit authorization.

Action ID Number: SAW-2020-01905 County: Wake
Permittee: Town of Apex
Project Name: Hasse Avenue Extension
Date Verification Issued: 7/26/2022
Project Manager: George Lyle Phillips III
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: George Lyle Phillips III
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
George.L.Phillips@us ace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Town of Apex Action ID: SAW-2020-01905
Project Name: Hasse Avenue Extension County: Wake
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
72
1 0.2355
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
144
0.471
Mitigation Site Debited: Cane Creek Umbrella Mitigation Banking Instrument — UT to Pine Hill Mitigation Bank, South Fork
Mitigation Site, and Bethel Branch Mitigation Site (List the name of the bank to be debited. For umbrella banks, also list the
specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be
ciebite
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Version 10 June 2020 updated

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: Letters from Wildlands Holdings, confirming they are willing and able to accept the
applicant's compensatory mitigation responsibility, dated 3/15/2022 was included with the preconstruction notification.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace. arm y.mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: George Lyle Phillips III
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
c1J plti�C /it
USACE Project Manager Signature
7/26/2022
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Town of Apex Action ID: SAW-2020-01905
Project Name: Hasse Avenue Extension County: Wake
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.0195
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.039
Mitigation Site Debited: EBX sponsored RES Cape Fear 02 Umbrella Mitigation Bank - Cloud & Banner Site (List the name of
the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance
letter icientlTles a speclTIC Site, also list the speCITIC Site to be clebiteci
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: Letters from RES, LLC., confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 03/10/2022 was included with the preconstruction notification.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMITPusace. arm y.mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: George Lyle Phillips III
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
c1J ph�C /it
USACE Project Manager Signature
7/26/2022
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.

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DocuSign Envelope ID: F7F8491 B-7AA6-46B3-8450-308661821 DE2
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
July 14, 2022
NORTH CAROLINA
Environmental Quality
DWR # 20171507 v3
Wake County
Town of Apex
Attn: Russell Dalton
PO Box 250
Apex, NC 27502
(via email Russell. dalton(aapexnc. org)
Subject: Approval of Individual 401 Water Quality Certification
Hasse Avenue Extension
USACE Action ID. No. SAW- 2020-01905
Dear Russell Dalton:
Attached hereto is a copy of Certification No. 5012 issued to Russell Dalton and the Town of Apex, dated
July 14, 2022. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Water Quality Certification. If
you change your project, you must notify the Division and you may be required to submit a new application
package with the appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does
not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality
Certification shall not be interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality
Certification to possess any prescriptive or other right of priority with respect to any other consumptive
user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water
Quality Certification for the project and may also result in criminal and/or civil penalties.
D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH C of Envi A a 919.791.4200
Deparlmem of Envlronmenml Duali�

DocuSign Envelope ID: F7F8491 13-7AA646133-8450-308661821 DE2 Hasse Avenue Extension
DWR# 20171507 v3
Individual Certification #WQC005012
Page 2 of 11
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Colleen Cohn at 919-791-4258 or Colleen. Cohnkncdenr.gov if you have any
questions or concerns.
Sincerely,
Es
DocuSigned by:
o f vtv w,
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Camden Brunick, S&EC (via email)
Lyle Phillips, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch Electronic file
NORTH CAROLMAD_ E Q f
Depa"mem of Enelmnmental Duality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: F7F8491 13-7AA646133-8450-308661821 DE2
Hasse Avenue Extension
DWR# 20171507 v3
Individual Certification #WQC005012
Page 3 of 11
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION 95012 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Russell Dalton and the Town of Apex, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on March 16, 2022, and payment received March 17, 2022, with additional
information received June 21, 2022, and June 30, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements
and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL
95-217 if conducted in accordance with the application, the supporting documentation, and
conditions hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
404/401 Wetlands:
W1: Road Crossing
0.255 acres
0 acres
404/401 Streams:
S1: Road Crossing — Culvert
72 (linear feet)
33 (linear feet)
S2: Road Crossing — Culvert
39 (linear feet)
0 (linear feet)
This approval requires you to follow the conditions listed in the certification below:
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1) Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the approved Bank Sponsor(s) Environmental Banc & Exchange, LLC,
and Wildlands Holdings IV, LLC [hereby known as Bank Sponsor(s)] for use of the following mitigation
banks: RES Cape Fear 02 Umbrella Mitigation Bank: Cloud & Banner Site and Cane Creek Umbrella
Mitigation Bank: Bethel Branch Mitigation Site. Until the Bank Sponsor(s) receives and clears your
payment, and proof of payment has been provided to this Office, no impacts specified in this
Authorization shall occur. For accounting purposes, this Authorization authorizes payment to the Bank
Sponsor(s) to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (c)]:
Compensatory
Mitigation
Compensatory
Mitigation Required
River & Sub -Basin
Number
Wetlands
0.255 (acres)
Cape Fear: 03030002
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with state
water quality standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the project must provide for replacement of existing uses through compensatory
mitigation.
NORTH CAROLMAD_ E Q f
Depa"mem of Enelmnmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: F7F8491 13-7AA6-46133-8450-308661821 DE2 Hasse Avenue Extension
DWR# 20171507 v3
Individual Certification #WQC005012
Page 4 of 11
2) If this Water Quality Certification is used to access residential, commercial or industrial building sites,
then all parcels owned by the permittee that are part of the single and complete project authorized by this
Certification must be buildable without additional impacts to streams or wetlands.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation ofstandards or would result in secondary or
cumulative impacts
3) For road construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation ofstandards or would result in secondary or
cumulative impacts.
4) Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional
wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure
compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland
Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200).
These mechanisms shall be put in place at the time of recording of the property or individual parcels,
whichever is appropriate.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation ofstandards or would result in secondary or
cumulative impacts.
5) The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental
impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-
term or long-term basis.
NORTH CAROLMAD_ E Q f
Depenmmn of Enelmnmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: F7F8491 B-7AA6-46B3-8450-308661821 DE2 Hasse Avenue Extension
DWR# 20171507 v3
Individual Certification #WQC005012
Page 5 of 11
6) No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
approved impacts (including temporary impacts).
Citation: 15A NCAC 02H.0506, 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
7) All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter
2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments
and further protect existing uses.
8) When applicable, all construction activities shall be performed and maintained in full compliance with
G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of
the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management
Practices for the control of sediment and erosion so that no violations of state water quality standards,
statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of
Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and treatment
shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
Reclamation measures and implementation shall comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCACO2B .0200; 15A NCAC
02B . 0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters
and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU,,- if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland
Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may
cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be
present in amounts that may cause adverse impacts on existing wetland uses.
D E Q � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA 919.791.4200
Depa"mem of Environmental Duality

DocuSign Envelope ID: F7F8491 B-7AA6-46B3-8450-308661821 DE2 Hasse Avenue Extension
DWR# 20171507 v3
Individual Certification #WQC005012
Page 6 of 11
9) Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within
authorized impact areas, then placement of such measures shall not be conducted in a manner that results
in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands
shall be removed from wetlands and the natural grade restored within two (2) months of the date that
DEMLR or locally delegated program has released the specific area within the project to ensure wetland
standards are maintained upon completion of the project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters
and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU,- if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland
Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may
cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be
present in amounts that may cause adverse impacts on existing wetland uses.
10) Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation ofstandards, or would result in secondary or cumulative
impacts.
11) If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including
the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping
and reporting requirements is required. Error! Hyperlink reference not valid.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC
02B . 0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters
D E Q � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA 919.791.4200
Depa"mem of Environmental Duality

DocuSign Envelope ID: F7F8491 13-7AA646133-8450-308661821 DE2 Hasse Avenue Extension
DWR# 20171507 v3
Individual Certification #WQC005012
Page 7 of 11
and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU, if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland
Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may
cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be
present in amounts that may cause adverse impacts on existing wetland uses.
12) All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact
with the disturbed area. Approved best management practices from the most current version of the NC
Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and
Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures
shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H. 0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B . 0200
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances,
or colored or other wastes: only such amounts as shall not render the waters injurious to public health,
secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic
quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not
exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in
streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout
waters, the turbidity shall not exceed 25 NTU,,- if turbidity exceeds these levels due to natural background
conditions, the existing turbidity level shall not be increased.
13) In -stream structures installed to mimic natural channel geomorphology such as cross -vanes, sills, step -
pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life
movement.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will
ensure that surface water quality standards are met and conditions of waters are suitable for all best
uses.
14) Culverts shall be designed and installed in such a manner that the original stream profiles are not altered
and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream
above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing
the depth of the stream in connection with the construction activity. The width, height, and gradient of a
proposed culvert shall be such as to pass the average historical low flow and spring flow without
adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert
shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream
channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe
and additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the streambed by one
foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts
having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If
the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage,
then culvert burial into the streambed is not required.
NORTH CAROLMAD_ E Q f
Depa"mem of Enelmnmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: F7F8491 13-7AA646133-8450-308661821 DE2 Hasse Avenue Extension
DWR# 20171507 v3
Individual Certification #WQC005012
Page 8 of 11
For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of
greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the
slope have been investigated and aquatic life movement/connectivity has been provided when possible
(e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to
include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to
DWR 30 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there is
sufficient documentation of the presence of bedrock. Notification, including supporting documentation
such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a
minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during
construction, then DWR shall be notified by phone or email within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or
bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction
of the floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be
used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will
ensure that surface water quality standards are met and conditions of waters are suitable for all best
uses.
15) Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local
regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact
between the fertilizer and surface waters.
Citation: 15A 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCAC 02B . 0200, 15A NCAC 02B . 0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards:
(c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause
adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
16) If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts
uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H. 0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B . 0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
D E Q � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA 919.791.4200
Depa"mem of Environmental Duality

DocuSign Envelope ID: F7F8491 13-7AA646133-8450-308661821 DE2 Hasse Avenue Extension
DWR# 20171507 v3
Individual Certification #WQC005012
Page 9 of 11
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1)
Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in
amounts that may cause adverse impacts on existing wetland uses.
17) All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be
returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary.
The impacted areas shall be restored to original grade, including each stream's original cross -sectional
dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be
restored and stabilized with native vegetation.
Citation: 15A NCAC 02H 0506(b); 15A NCAC 02H. 0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface
waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses
after project completion.
18) All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control
Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina
Department of Transportation Best Management Practices for Construction and Maintenance Activities
so as not to restrict stream flow or cause dis-equilibrium during use of this Certification.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will
ensure that surface water quality standards are met and conditions of waters are suitable for all best
uses.
19) Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All
rip -rap shall be placed such that the original streambed elevation and streambank contours are restored
and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants.
Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or
banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation ofstandards, or would result in
secondary or cumulative impacts.
20) Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement
by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of
UEQ� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA 919.791.4200
Depa"mem of Environmental Duality

DocuSign Envelope ID: F7F8491 13-7AA646133-8450-308661821 DE2 Hasse Avenue Extension
DWR# 20171507 v3
Individual Certification #WQC005012
Page 10 of 11
debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required
for velocity control and to ensure structural integrity of bank stabilization measures.
Citation: 15A NCAC 02H. 0506(b); 15A NCAC 02H. 0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation ofstandards, or would result in
secondary or cumulative impacts.
21) All mechanized equipment operated near surface waters shall be inspected and maintained regularly to
prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
Construction shall be staged in order to minimize the exposure of equipment to surface waters to the
maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be
performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by
fuels and oils.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1)
Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in
amounts that may cause adverse impacts on existing wetland uses.
22) Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such
that hydrologic conditions necessary to support natural biological and physical characteristics are
protected, populations of wetland flora and fauna are maintained to protect biological integrity of the
wetland,- and materials or substances are not present in amounts that may cause adverse impact on
existing wetland uses.
23) In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of
amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that
cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.0507(c); X C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of discharge
must immediately notify the Department, or any of its agents or employees, of the nature, location, and
time of the discharge and of the measures which are being taken or are proposed to be taken to contain
and remove the discharge. This action is required in order to contain or divert the substances to prevent
entry into the surface waters. Surface water quality standards require that conditions of waters be
suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation,
D E Q � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA 919.791.4200
Depa"mem of Environmental Duality

DocuSign Envelope ID: F7F8491 13-7AA6-46133-8450-308661821 DE2 Hasse Avenue Extension
DWR# 20171507 v3
Individual Certification #WQC005012
Page 11 of 11
survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture);
and that activities must not cause water pollution that precludes any best use on a short-term or long-
term basis.
24) The permittee and their authorized agents shall conduct all activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with §303(d) of the Clean
Water Act), and any other appropriate requirements of State and Federal Law.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
25) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a copy of this Water Quality
Certification. A copy of this Water Quality Certification shall be available at the project site during the
construction and maintenance of this project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401 Water
Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date
of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 14th day of July 2022
DocuSigned by:
S cif � Vivt,Sm
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
CMC
WQC005012
NORTH CAROLMAD_ E Q f
Depanmem of Enelmnmental Duality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: F7F8491 B-7AA6-46B3-8450-308661821 DE2
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
Town of Apex
Attn: Russell Dalton
PO Box 250
Apex, NC 27502
(via email Russell. daltongapexnc. org)
NORTH CAROLINA
Environmental Quality
July 14, 2022
DWR # 20171507 v3
Wake County
Subject: APPROVAL OF JORDAN LAKE WATERSHED RIPARIAN BUFFER IMPACTS
WITH ADDITIONAL CONDITIONS
Hasse Avenue Extension
Dear Russell Dalton:
You have our approval for the impacts listed below for the purpose described in your application dated
March 16, 2022, received by the Division of Water Resources (Division) March 16, 2022, with payment
received March 17, 2022, and additional information received June 21, 2022, and June 30, 2022. These
impacts are covered by the Jordan Lake Watershed Buffer Rules and the conditions listed below. Please
note that you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water
Supply Watershed regulations. This Authorization Certificate shall expire when the corresponding
401 Water Quality Certification Approval DWR#20171507 v3 expires.
The following impacts are hereby approved, provided that all of the Conditions listed below, and all of
the conditions of the Jordan Lake Watershed Buffer Rules are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B .0267(11)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers — Zone 1
B 1: Road Crossing
7,310 (square feet)
0 (square feet)
Buffers — Zone 2
B1: Road Crossing
4,565 (square feet)
0 (square feet)
This approval is for the purpose and design described in your application. The plans and specifications for
this project are incorporated by reference as part of this Authorization Certificate. If you change your
project, you must notify the Division and you may be required to submit a new application package. If
the property is sold, the new owner must be given a copy of this Authorization Certificate and is
responsible for complying with all conditions. [15A NCAC 02B .0267(11)]
If you are unable to comply with any of the conditions below, you must notify the Raleigh Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with the conditions of this
Authorization Certificate and/or any violation of state regulated riparian buffer rules [ 15A NCAC
D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH C of Envi A a 919.791.4200
Deparlmem of Envlronmenml Duali�

DocuSign Envelope ID: F7F8491 B-7AA6-46B3-8450-308661821 DE2
Hasse Avenue Extension
DWR# 20171507 v3
Buffer Authorization Certificate
Page 2 of 2
02B .0267]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
Upon the presentation of proper credentials, the Division may inspect the property.
This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms
may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 15013-23(a).
This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does
it create any prescriptive right or any right of priority regarding any usage of water. This Authorization
Certificate shall not be interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization
Certificate to possess any prescriptive or other right of priority with respect to any other consumptive
user.
This letter completes the review of the Division under the Jordan Lake Watershed Riparian Buffer Rules
as described in 15A NCAC 02B .0267. Please contact Colleen Cohn at Colleen. Cohnkncdenr.gov or
919-791-4258 if you have any questions or concerns.
Sincerely,
DocuSigned by:
Scoff UV MW
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Camden Brunick, S&EC (via email)
DWR 401 & Buffer Permitting via Laserfiche
D E Q � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA 919.791.4200
Depa"mem of Envlmnmental Duality

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01905 County: Wake County U.S.G.S. Quad: New Hill
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant: Judy Hackney
Address: 2505 Olive Chapel Road
Apex, North Carolina 27502
Size (acres) —80
Nearest Waterway Reedy Branch
USGS HUC 03030002
Nearest Town Apex
River Basin Cape Fear
Coordinates Latitude:35.73
Longitude:-78.91626
Location description: The project study area is located at 2500 Olive Chapel Road, in Apex, Wake County, North Carolina.
The project study area is highlighted within the red polygon on the enclosed "Wetland Sketch Map" dated December 4, 2020.
The Approved Jurisdictional Determination area is highlighted on the enclosed "Wetland Sketch Map" within the green
polygon.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore, this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
_ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
Page 1 of 5

SAW-2020-01905
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact George Phillips at [phone] X 25 or
Geo rge.L.Phillips(a,u sace.armv.mil.
C. Basis for Determination: See attached Approved JD forms.
D. Remarks: A combined Approved, and Preliminary Jurisdictional Determination was conducted.
Please see the attached forms.
E. Attention USDA Program Participants
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 site identified in this request. This delineation
and/or jurisdictional determination 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.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNIN&USACE.ARMY.MIL
Page 2 of 5

SAW-2020-01905
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by February 12, 2021.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Date: December 14, 2020 Approved Jurisdictional Determination Expiration Date: December 14, 2025
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://cop2smgpu.usace.army.mil/cm_apex/f?p=136 * 0.
Copy Furnished:
Soil and Environmental Consultants
Steven Ball
8412 Fall of Neuse Road
Raleigh, NC, 27615
Page 3 of 5

SAW-2020-01905
PNOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Judy Hackney
File Number: SAW-2020-01905
Date: December 14,
2020
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.miUMissions/CivilWorks/RegulatoiyProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
Page 4 of 5

SAW-2020-01905
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
US Army Corps of Engineers
Attn: George Phillips
South Atlantic Division
3331 Heritage Trade Drive
Attn: Mr. Philip A. Shannin
Wake Forest, North Carolina 27587
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNIN (&USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the appeal process. You will be provided a 15-day notice of any
site investi ation and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: George Phillips, 3331 Heritage Trade Drive, Wake Forest,
North Carolina 27587
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone], PHILIP.A.SHANNIN(&USACE.APMW.MIL
Page 5 of 5

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: December 14, 2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Steven Ball - 8412 Falls of Neuse Road, Raleigh NC 27615
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Hackney Site, SAW-2020-01905
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Wake City: Apex
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.730000 Long.:-78.916260
Universal Transverse Mercator: 17S 688247 3956103
Name of nearest waterbody: Reedy Branch
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑x Office (Desk) Determination. Date: December 14, 2020
❑x Field Determination. Date(s): December 3, 2020
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
A
35.734343
-78.918292
915 LF
Perennial Stream
Section 404
B
35.731973
-78.919701
894 LF
Intermittent Stream
Section 404
C
35.731369
-78.916363
274 LF
Intermittent Stream
Section 404
W1
35.731348
-78.916429
0.13 ac
Wetland
Section 404
W2
35.732022
-78.916867
0.04 ac
Wetland
Section 404
W3
35.734160
-78.918503
0.99 ac
Wetland
Section 404

W4
35.733511
-78.919630
0.11 ac
Wetland
Section 404
W5
35.733486
-78.918951
1 .14 ac
Wetland
Section 404
W6
35.732861
-78.920325
0.03 ac
Wetland
Section 404
W7
35.732140
-78.920099
0.96 ac
Wetland
Section 404
W8
35.729975
-78.918329
0.91 ac
Wetland
Section 404
Pond 1
35.730495
-78.915785
2.77 ac
Pond
Section 404
Pond 2
35.728422
-78.918200
1.62 ac
Pond
Section 404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Wetland Sketch Map
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
X❑SOffice concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
■❑ U.S. Geological Survey map(s). Cite scale & quad name:
1 "=400' & 2016 NC New Hill Quad
0 Natural Resources Conservation Service Soil Survey. Citation: Wake County Soil Survey Sheet 65
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is:
[] Photographs: ❑ Aerial (Name & Date):
or [C] Other (Name & Date):
(National Geodetic Vertical Datum of 1929)
Hackney Site Photos; September 14, 2020
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
y Digitally signed by Kevin Murphrey
Kevin M u rp h re
Date: 2020.10.29 09:27:41-04'00'
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 12/14/2020
ORM Number: SAW-2020-01905
Associated JDs: \l/A
Review Area Location': State/Territory: North Carolina City: Ape County/Parish/Borough: Wake
Center Coordinates of Review Area: Latitude 35.730000 Longitude-78.916260
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
❑ The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale:
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section 11.13).
❑ There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
❑x There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
10 Name
§ 10 Size
§ 10 Criteria
Rationale for § 10 Determination
N/A.
N/A I N/i
N/A.
N/A.
C. Clean Water Act Section 404
Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3
a 1 Name
a 1 Size
a 1 Criteria
Rationale fora 1 Determination
Tributaries a 2 waters):
a 2 Name
a 2 Size
a 2 Criteria
Rationale fora 2 Determination
N/A
N/A
N/A.
N/A.
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3 waters):
(a)(3) Name
(a)(3) Size
(a)(3) Criteria
Rationale fora 3 Determination
Adjacent wetlands ((a)(4) waters):
a 4 Name
a 4 Size
a 4 Criteria
Rationale fora 4 Determination
N/A.
N/A I
N/A.
Map(s)/figure(s) are attached to the AJD provided to the requestor
2 If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable
waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to
make a Rivers and Harbors Act Section 10 navigability determination.
3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific
segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-
alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form.
Page 1 of 3 Form Version 29 July 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
D. Excluded Waters or Features
Excluded waters ((b)(1) — (b)(12)):4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
Non -JD Pond
acre(s)
(b)(8) Artificial
Pond constructed in uplands.
lake/pond
constructed or
excavated in
upland or a non -
jurisdictional
water, so long as
the artificial lake
or pond is not an
impoundment of
a jurisdictional
water that meets
(c)(6).
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
Information submitted by, or on behalf of, the applicant/consultant: Wetland Sketch Map, dated
12/4/2020
This information sufficient for purposes of this AJD.
Rationale:
❑ Data sheets prepared by the Corps: Itle(s) and/or date(s).
0 Photographs: Other: Hackney Site Representative Photos; 9/14/2020
0 Corps site visit(s) conducted on: 12/3/2020
❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).
❑ Antecedent Precipitation Tool: provide detailed discussion in Section 111.B.
0 USDA NRCS Soil Survey: Figure 2 — Soil Survey Map; 6/4/2018
❑ USFWS NWI maps: itle(s) and/or date(s).
0 USGS topographic maps: Figure 1 — USGS Map; 6/4/2018
Other data sources used to aid in this determination:
Data Source (select)
Name and/or date and other relevant information
USGS Sources
Ivies.
USDA Sources
N/A.
NOAA Sources
N/A.
USACE Sources
SAW Regulatory Viewer; 12/11/2020
State/Local/Tribal Sources
N/A.
Other Sources
N/A.
4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district
to do so. Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area.
5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1)
exclusion, four sub -categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not
new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
Page 2 of 3 Form Version 29 July 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
B. Typical year assessment(s): N/A
C. Additional comments to support AJD:
Page 3 of 3 Form Version 29 July 2020_updated

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November 09, 2020
Steven Ball, RF, PWS
Project Manager
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
WATER RESOURCES DEPARTMENT
Subject: Stream Buffer Determination Apex 20-004
Hackney Site
Cape Fear River Basin
Dear Mr. Ball,
On November 9th, 2020, Mr. James Misciagno met with Kevin Murphrey at the subject site to evaluate
Five (5) drainage features and determine if they are subject to the Town of Apex (Town) riparian buffer
rules. Based on the information obtained during the site visit and per the requirements set forth in Section
6.1.11 of the Town Unified Development Ordinance (UDO), I concur with the stream classifications as
shown on the attached sketch dated September 18 and initialed by James Misciagno on November 2,
2020
Drainage
Feature
Shown as
on USGS
Shown as on
Soil Survey
Determination made
in the field
Determined Buffer
Width
Feature A
Perennial
Perennial
Perennial
100 feet
Feature B
Intermittent
Perennial
Intermittent
50 feet
Feature C
Perennial
Intermittent
Intermittent
50 feet
Feature D
Not Present
intermittent
Ephemeral
0 feet
Feature E
Not Present
Perennial
Ephemeral
0 feet
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 Division of Water Resources (DWR) or Delegated Local
Authority in the Jordan Lake watershed may request a determination by the DWR Director.
An appeal request must be made within sixty (60) days of 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 shall be referred to the Director in writing c/o Karen Higgins, DWR — 401 &

Buffer Permitting Unit; 1617 Mail Service Center, Raleigh, NC 27699-1617. Otherwise the appeal
procedure will be in accordance with UDO Section 6.1.11.
If you dispute the Director's determination, you may file a petition for an administrative hearing. You
must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this
notice of decision. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00am and 5:00pm, except for official State holidays.
To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. A copy of the petition must also be served
to the Department of Natural Resources, c/o Mary Penny Thompson, General Counsel, 1601 Mail Service
Center, Raleigh, NC 27699-1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal 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 Regulator Field Office) at [phone].
If you have any questions, please do not hesitate to contact me at [phone].
Sincerely,
4 ;>�
Jessica Bolin, PE
Environmental Engineering Manager
TOWN OF APEX
The Peak of Good Living
PO Box 25o Apex, NC 27502 1 [phone] 1 www.apexnc.org

-5-yv, 1 % I -a- I g-D"

M

�Y� 1,t � a-1 a� 2�

pl_
NC Division of Water Quality -Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.1
Feature A NC DWQ Stream Identification Form Version 4.1
Date: 09/21/2020
Projectisite: Hackney
Latitude: 35.734343
Evaluator: Kevin Murphrey
County:Wake
Longitude:-78.918292
Total Points:
Stream Determination (circle one)
Other
Stream is at least intermittent
if a 19 or perennial if? 30*
Ephemeral Intermittent Perennial
e.g. QuadAtame: Now Hill
A. Geomorphology (Subtotal =
22'�
)
Absent
Weak
Moderate
Strong
1a' Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
sequence
0
1
2
3
-ripple-pool
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5:
11. Second or greater order channel
Ne = 0
Yes = 3
GILIJIUal UILL:fItl3 GIU II ILA II[ILUU, )UU UI. UUJ.7IVI IJ 111 111[II IUCU
R 14vrfrnlnrry I9 I ]
12. Presence of Baseflow
0
1
2
3.
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
41
1.5
17. Soil -based evidence of high water table?
No = 0
Yes 3
C. Bioloav (Subtotal = 1R 11 1 1
18, Fibrous roots in streambe
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5
Other
*perennial streams may also be identified using other methods. See p, 35 of manual.
Notes:
Sketch:
2eeAj 6QtG1G
vs&s = Pt{

Feature B
NC Division of Water Quality -Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.1
NC DWQ Stream Identification Form Version 4.1
Date: 09/21/2020
ProjectiSite: Hackney
Latitude: 35.731973
Evaluator: Kevin Murphrey
County:Wake
Longitude:-78.919701
Total Points:
Stream Determination (circle one)
Other
Stream is at least intermittent 24,rj
if? re 19 or ennial if>_ 30*
Ephemeral Intermittent Perennial
e.g. Quad Name: New Hill
A. Geomorphology (Subtotal =
a-)
Absent
Weak
Moderate
Strong
18- Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
sequence
0
1
2
3
-ripple-pool
4. Particle size of stream substrate
0
1
2
3
5. Activelrelict floodplain
0
1
2
3
6, Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes 3
- artmciai ancnes are not rated; see discussions in manuai
B. Hvdroloav $•D 1
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.51
1
0.5
0
15. Sediment on plants or debris
D'
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes =
C. Biology (Subtotal = 5�L)
18. Fibrous roots in streambe
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20, Macrobenthos (note diversity and abundance)
1
2
3
21. Aquatic Mollusks
1
2
3
22. Fish
0.5
1
1.5
23. Crayfish
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
j
0.5
1
1.5
26. Wetland plants in streambed
FACW -- 0.75; OBL = 1.5 Other
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
? ifs = ��r

Feature C
NC Division of Water Quality -Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.1
NC DWQ Stream Identification Form Version 4.1
Date: 09/21/2020
Project/Site: Hackney
Latitude: 35.731369
Evaluator: Kevin Murphtey
County:Wake
Longitude:-78.916363
Total Points:
Stream Determination (circle one)
Other
Stream is at least intermittent 2$
Ephemeral Intermittent Perennial
e.g. Quad Name: Now Hill
!f z 19 orperennial if >_ 30*
A. Geomorphology (Subtotal =
13
j
Absent
Weak
Moderate
Strong
19, Continuity of channel bed and bank
0
1
3
2. Sinuosity of channel along thalweg
0
1
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.6
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No =
Yes = 3
artiticial ditcnes are not rated: see discussions in manual
B Hvdrolonv 8 5
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0 1
0.5
1
1 1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
C. Bioloav (Subtotal = 16.5 1 )
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland,plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5 Other
*perennial streams may also be identified using other methods. See p. 35 of manual
Notes:
Sketch:
I
iS C)S = Per

NC Division of Water Quality -Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.1
Feature D NC DWQ Stream Zdentiilcation Form Version 4.1
Date: 09/21/2020
ProjectlSite: Hackney
Latitude: 35.72944
Evaluator: Kevin Murphrey
county:Wake
Longitude:-78.91752
Total Points:
Stream Determination (circle one)
Other
Stream is at least intermittent T
Ephemeral Intermittent Perennial
e.g. Quad Name: New Hill
ff Z: 19 orperennial if z 30
A. Geomorphology (Subtotal =
E:L)
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
;1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ri le- oo[ se uence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5, Active/relict fEoodplain
0
1
2
3
6, Depositional bars'or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No 0
Yes = 3
artificial dices are not rated; see discussions in manual
R I wrfrnlnmi s•5 1
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
1
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes - 3
C. Biolo Subtotal = 4 )
18. Fibrous roots in streambe
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20, Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0,5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL. = 1.5 Other
*perennial streams may also be Identified using other methods. See p. 35 of manual.
Notes:
Sketch:
r o at>
fs6s 7 NP

Feature E
NC Division of Water Quality -Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.1
NC DWQ Stream Identification Foam Version 4.1
Date: 09/21/2020
Project/Site: Hackney
Latitude: 35.73002
Evaluator: Kevin Murphrey
County:VVake
Longitude:-78.92095
Total Points:
Stream is at least intermittent 14
Stream Determination (circle one)
Other
if? 19 or erenniai ifz 30*
Ephemeral Intermittent Perennial
p
e. Quad Name: New Hill
g
A. Geomorphology_(Subtotal = L`'J )
Absent
Weak
Moderate
Strong
1"' Continuity of channel bed and bank
0
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
q
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0,5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
R 1�tirrtrnlnnvM`VF67yMI..
12. Presence of Baseiiow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Solkbased evidence of high water table?
No = 0
Yes = 3
18. Fibrous roots in streambe
3
1 2
1
1 0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL =
Other 0
*perennial streams may also be Identified using other methods. See p. 35 of manual.
Notes:
Sketch:
S ; �s
IU96s 4p

10
fires
Environmental Banc & Exchange, LLC Stream and Wetland Banks
Statement of Availability — Cape Fear 03030002
December 4, 2023
Town of Apex
Attn: Russell Dalton
105-B Upchurch Street
Apex, NC 27502
Re Project: Hasse Ave Extension MODIFICATION
This document confirms that the Town of Apex (Applicant) for the Hasse Ave Extension MODIFICATION (Project) has
expressed an interest to utilize 72.00 Stream Mitigation Credits from the EBX sponsored RES Cape Fear 02 Umbrella
Mitigation Bank, specificaffy 72.00 Stream credits from the Dairy(and Site, in the Cape Fear HUC 03030002. As the official
Bank Sponsor, Environmental Banc & Exchange, LLC, attests to the fact that mitigation is available for reservation at this
time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the
Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer
Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has
accepted full responsibility for the mitigation obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker
shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits
from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy
of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies
showing the proper documentation.
Please contact me at 919-209-1055 or [e-mail] if you have any questions.
Best Regards,
C
Amy Staley
Credit Sales Manager
RES
CC:
Lyle Phillips, U.S. Army Corps of Engineers
Deborah Shirley, Soil & Environmental Consultants, PA

11
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Town of Apex
Project Name: Hasse Avenue Extension
Action ID: SAW-2020-01905
County: Wake
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Reouiring Mitigation*
Stream Impacts (linear feet)
Warm Cool Cold
72
8-digit HUC and Basin: 03030002, Cap,
Wetland Impacts (
Riparian Riverine I Riparian Non-Riverine
Fear River Basin
Non -Riparian Coastal
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian Coastal
144
Mitigation Site Debited:_ Cane Creek Umbrella Mitigation Banking Instrument — UT to Pine Hill Mitigation Bank, South Fork
Mitigation Site— and Bethel Branch Mitigation Site (List the name of the bank to be debited. For umbrella banks, also list the
specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be
debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Wildlands Holdings IV, LLC
Name of Sponsor's Authorized Representative: Robert W. Bugg
Feb 7, 2023
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Version 10 June 2020updated

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: Letters from Wildlands Holding& confirming they are willing and able to accept the
applicant's compensatory mitigation responsibility, dated 3 15 2022 was included with the preconstruction notification.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SA [e-mail]!].
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: George Lyle Phillips III
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
�eorye- c J Plz�, /it
USACE Project Manager Signature
12/1512022
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Town of Apex Action ID: SAW-2020-01905
Project Name: Hasse Avenue Extension County: Wake
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
0.255
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.51
Mitigation Site Debited: EBX sponsored RES Cape Fear 02 Umbrella Mitigation Bank - Cloud & Banner Site (List the name of
the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance
letter icientlTles a speclTIC Site, also list the speCITIC Site to be clebiteci
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name: Environmental Banc & Exchange, LLC
Name of Sponsor's Authorized Representative: Amy Staley
s
�v'—� 2/7/2023
Signature of Sponi�r's Authorize cl Representative Date of Signature

12
Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; [phone]
sandec.com
To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
March 4, 2022
S&EC Project No: 13566.W6
Re: Online Project Review Request, Hasse Ave, Apex —Wake County, North Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office's online project
review process and have followed all guidance and instructions in completing the review. We completed
our review March 4, 2022 and are submitting our project review package in accordance with the
instructions for further review.
Our proposed action consists of. A planned residential development that is proposing impacts to wetlands
and streams.
The location of the project and the action area are identified on the enclosed maps.
Hasse Ave (35.730491,-78.918403). The site is located at 0 Olive Chapel Road, Apex — Wake County,
North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 18, 2026.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 14 and 29.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at [e-mail]
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Enclosures:
1. Project Request Review Package 6. FWS Official Species List
2. S&EC T&E Species Report 7. NIP Report
3. Vicinity Maps 8. FWS Species Conclusion Table
4. S&EC Photo Report 9. FWS Self -Certification Letter
5. Overall Site Plan

Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandec.com
March 4, 2022
S&EC Project No.: 14566.W6
To: Pulte Home Company, LLC
Attn: Randy King
1225 Crescent Green Drive Suite 250
Cary, NC 27518
Re: THREATENED & ENDANGERED SPECIES REPORT
Hasse Ave (+/- 73 acres)
0 Olive Capel Road, Apex, Wake County, NC
Dear Mr. King:
On February 24, 2022, Soil & Environmental Consultants, PA (S&EC) evaluated the Hasse Ave
property shown on the attached maps for potential endangered species. The property is located at 0 Olive
Capel Road in Wake County, NC. Surface waters on -site flow into Reed Branch in the Cape Fear River
Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface
Waters and Wetlands of North Carolina" as WS-IV; NSW.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types, and looking for evidence of the listed species on -site. This survey
did not include any detailed sampling or netting. The results of the search are discussed below.
Hasse Ave - S&EC Threatened & Endangered Species Report
Page 1 of 5

March 4, 2022
S&EC Project #13566.W6
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Red -cockaded Woodpecker (Picoides borealis), Endangered
• Atlantic Pigtoe (Fusconaia masons), Proposed Threatened
• Michaux's Sumac (Rhus michauxil), Endangered
Of the species identified on the official species list, the NHP report did not identify any Federally
threatened or endangered species within the project area or within one mile of the project area. Other
State listed species were found within the project area as listed in the attached NHP report. The NHP
report identified one natural area and ten managed areas within the project area or within one mile of
the project area. These are listed out in the attached NHP Report.
RED -COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and
individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual
RCWs within the project area. The NHP report did not list any known elemental occurrence within the
project area or within one mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine
forests) within the project area. There are mature Loblolly pines near the home and ponds, but no
cavity trees were observed. Given the lack of species present, and no presence of suitable habitat we
concluded that the project would have "No effect" on RCWs.
ATLANTIC PIGTOE (Fusconaia masonrl:
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large
rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel
with moderate to high flowing water. While we did not specifically sample for the species, we also did
not find any evidence of the species while conducting our preliminary surveys of the streams for
potential suitable habitat.
Hasse Ave - S&EC Threatened & Endangered Species Report
Page 2 of 5

March 4, 2022
S&EC Project #13566.W6
Our preliminary survey concluded that potential suitable habitat does exist on -site. Reedy Branch was
+/-6 feet wide with high baseflow and had a sandy substrate. Additionally, the other streams on -site did
not have suitable habitat. There are no proposed impacts to Reedy Branch, and because of this we have
concluded that the project would have "No effect" on the Atlantic Pigtoe.
MICHAUX'S SUMAC (Rhus michauxii):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux's sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux's Sumac species within the project area. The NHP report
did not list any known elemental occurrence within the project area. We found suitable habitat within
the project areas to include primarily disturbed open areas along field edges, pond edges, and roads. It
should be noted that this preliminary survey was done outside of the optimal survey window (May -
October). While we did not find any Michaux's Sumac plants within the project area, our survey was
conducted outside of the optimal survey window and as suitable habitat was found it is possible that
Michaux's Sumac exists and therefore we concluded the project would "May affect" Michaux's
Sumac. We recommend consulting with the USFWS and/or conducting follow up surveys within the
optimal survey window.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests on -site or within one
mile of the site. Given the lack of species present, we have concluded that the project is " Unlikely to
disturb nesting bald eagles ". We believe no Eagle Act Permit is required.
NORTHERN LONG-EARED BAT (Moods septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB's) within the project area. During our survey, we found no individual species.
Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4 (d) Rule on the
Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific
Hasse Ave - S&EC Threatened & Endangered Species Report
Page 3 of 5

March 4, 2022
S&EC Project #13566.W6
section 7 responsibilities." Due to the nature of the project being residential development, we
concluded that the project would "May affect, but not likely to adversely affect" NLEB's.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the FWS
in their conclusion letters, we have concluded that it appears the proposed project is not likely to
adversely affect any federally listed endangered or threatened species, their formally designated
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
However, as suitable habitat exists for Michaux's Sumac the USFWS should be consulted to determine
if surveys need to occur during the optimal survey windows for Michaux's Sumac to ensure that no
plants exist within the disturbed limits of the project. We strongly recommend requesting a
concurrence letter from the FWS.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. Overall Site Plan
6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. February 15, 2022.
7. NHP report: February 15, 2022.
8. S&EC — FWS Species Conclusion Table. March 4, 2022.
9. S&EC — FWS Self -Certification Letter. March 4, 2022.
Hasse Ave — S&EC Threatened & Endangered Species Report
Page 4 of 5

March 4, 2022
S&EC Project #13566.W6
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masons). Version
1.2. March 2017. Atlanta, GA.
-U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.
-U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis)
Second Revision. Atlanta GA 316 pp.
Hasse Ave — S&EC Threatened & Endangered Species Report
Page 5 of 5

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Job #: 13566.W6
March 4, 2022
Threatened and Endangered Species Photo Report for the Hasse Ave Property
Photo 1: Field
Photo 2: Intermittent stream

Job #: 13566.W6
March 4, 2022
Photo 3: Existing sewer easement

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2022-0008235
Project Name: Hasse Ave
e x
hSai k 4YYFJiYJft
+cfln7i�
i�
February 15, 2022
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.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
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

02/15/2022
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.
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.

02/15/2022
Attachment(s):
• Official Species List

02/15/2022
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]

02/15/2022
KA
Project Summary
Project Code: 2022-0008235
Event Code: None
Project Name: Hasse Ave
Project Type: Residential Construction
Project Description: This project is located in Wake County, NC and is approximately 70
acres.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.72988175,-78!9178534057695,14z
Counties: Wake County, North Carolina

02/15/2022 3
Endangered Species Act Species
There is a total of 4 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
Clams
NAME
STATUS
Endangered
STATUS
Atlantic Pigtoe Fusconaia masoni Threatened
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.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
Flowering Plants
NAME
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
STATUS
Candidate
STATUS
Endangered

02/15/2022
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

02/15/2022
IPaC User Contact Information
Name: Mason Montgomery
Address: 8412 Falls of Neuse Road
City:
Raleigh
State:
NC
Zip:
27615
Email
[e-mail]
Phone:
7047732837

Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
February 15, 2022
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Hasse Ave; 13566.W6
Dear Robert Zarzecki:
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-17174
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:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9421

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United States Department of the
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date. March 49 2022
Self -Certification Letter
Pro] ectName Hasse Ave
Dear Applicant:
IN
n.' a wn.nut-c
gumv IVE
Interior
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
❑"no effect" determinations for proposed/listed species and/or
✓ proposed/designated critical habitat; and/or
✓❑ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
❑✓ "no Eagle Act permit required" determinations for eagles.

Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the "no effect" or
"not likely to adversely affect" determinations for proposed and listed species and
proposed and designated critical habitat; the "may affect" determination for Northern
long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleighgfws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package

13
Deborah Shirley
From: Ellis, John <[e-mail]>
Sent: Thursday, August 4, 2022 1:00 PM
To: Mason Montgomery; Suiter, Dale; Mann, Leigh
Subject: Re: DUE DATE: MARCH 31, 2022 Fw: [EXTERNAL] Hasse Ave
Mason,
The Service concurs with your determinations for this project.
Thanks,
John
From: Mason Montgomery <[e-mail]>
Sent: Thursday, May 19, 2022 8:54 AM
To: Ellis, John <[e-mail]>; Suiter, Dale <[e-mail]>; Mann, Leigh <[e-mail]>
Subject: RE: DUE DATE: MARCH 31, 2022 Fw: [EXTERNAL] Hasse Ave
John,
I completed the follow up survey for Michaux's sumac at the Hasse Ave project yesterday (May 18, 2022). During my
evaluation I did not find any Michaux's sumac within the project boundary. There was some Winged sumac along field
edges. Please let me know if any additional information like photos or an updated report is needed to concur with a "No
effect" determination for Michaux's sumac.
Thank you,
Mason L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
NA Please consider the environment before printing this email.
From: Ellis, John <[e-mail]>
Sent: Wednesday, May 11, 2022 3:39 PM
To: Mason Montgomery <[e-mail]>; Suiter, Dale <[e-mail]>; Mann, Leigh

<[e-mail]>
Subject: Fw: DUE DATE: MARCH 31, 2022 Fw: [EXTERNAL] Hasse Ave
Mason,
The Service concurs with all the determinations except for Michaux's sumac. If surveys are conducted please
provide the results and we will review them.
John
From: Mann, Leigh <leigh [e-mail]> on behalf of Raleigh, FW4 <[e-mail]>
Sent: Tuesday, March 15, 2022 11:14 AM
To: Ellis, John <iohn [e-mail]>
Subject: DUE DATE: MARCH 31, 2022 Fw: [EXTERNAL] Hasse Ave
From: Mason Montgomery <[e-mail]>
Sent: Tuesday, March 8, 2022 7:06 PM
To: Raleigh, FW4 <[e-mail]>
Subject: [EXTERNAL] Hasse Ave
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
Hello,
Attached is the threatened and endangered species report for the Hasse Ave property located in Wake County, NC.
S&EC is submitting for concurrence. Please let me know if any additional information is needed to make the
determinations.
Thank you,
)n L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road. Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
NA Please consider the environment before printing this email.

`C!
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
October 8, 2020
Lourdes Barallobre
Froehling & Robertson, Inc.
310 Hubert Street
Raleigh, NC 27603
Office of Archives and History
Deputy Secretary Kevin Cherry
[e-mail]
Re: Construct subdivision, 0, 2500, & 2600 Olive Chapel Road, Apex, Wake County, ER-20-1951
Dear Ms. Barallobre:
Thank you for your letter of September 1, 2020, regarding the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.review(cr�,ncdcr. og_v. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6598

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