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HomeMy WebLinkAbout20231613 Ver 1_Application Attachments_20231204PCN Attachments 1. AGENT AUTHORIZATION 2. NCDWR PRE -FILING ACKNOWLEDGEMENT 3. USGS TOPO VICINITY MAP 4. NRCS COUNTY SOIL SURVEY VICINITY MAP 5. USACE JURISDICTIONAL DETERMINATION (PJD/AJD/CONCURRENCE EMAIL) 6. S&EC SKETCH MAP (ONSITE & OFFSITE) 7. TOWN OF APEX BUFFER DETERMINATION LETTER 8. MITIGATION SOA LETTERS (2) 9. S&EC THREATENED & ENDANGERD SPECIES REPORT 10. USFWS CONCURRENCE EMAIL 11. SHPO LETTER: ER-22-0102 12. EXISTING CONDITIONS & PROPOSED CONDITIONS MAPS 13. IMPACT EXHIBITS & CROSSING PROFILES 14. POST -CONSTRUCTION DRAINAGE AREA MAP Environmental Consultants, "�:(.27n15 • 1'I1')) 846-79(9) �011 d Nux i,1T1 AGENT AUTHORIZATION Project Name/Description: Yellowbrid e S&EC Project # 15041 Date: 5/ 3/ Lo ZZ- The Department of the Ailny U.S. Anny Corps of Engineers, Wilmington District E9 Darlington Avenue Wilmington, NC 28403 Attn: Lyle Phillips Field Office: Raleigh Regulatory Field Office 1, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. PARCEL INFORMATION: Parcel Index Number(s) (PTN): 0722752304 & 0722743789 Site Address: 2813 US 54 Hi h a W City, County, State: Apex, Wake County, NC APPLICANT INFORMATI[N_ Name: Tuck ptZ F �tS UAt-��� � �-r� �5 µF�Oa C— K L'cNN h Mailing Address: J 100 t E{Z 9,�4-k_ CY4 ' uIIE- 12- µow-L'ylltt,t_E sad, 716foo Telephone Number: 1% eltoo -`?rah F Email: -�'u Le—'Y-. e"A�S(' ia'vv'-•LoP\ 7T- 'Z0 2 Applicant (pleat/ print) Date Applicant Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. From: Camden Brunick To: 401PreFile(a ncdenr.aov Subject: Yellowbridge - Pre -filing meeting request Date: Thursday, April 28, 2022 2:27:00 PM Attachments: Yellowbridae - Overall.pdf Good afternoon Colleen, This pre -filing meeting request is for the Yellowbridge project located at 2817 US 64 Highway W in Apex, Wake County, INC and is approximately 48 acres. Existing conditions onsite consists primarily of forested land with a single-family house near the south of the property and some maintained land. US 64 highway bounds the property to the North. General land use in the vicinity of the project consists of residential developments with maintained yards and forested land. This project involves the construction of a mixed use single-family and multi -family residential development including but not limited to roadway infrastructure, residential lots, utilities, and SCMs. Specifically there are three road crossings/lot fill areas that impact streams, wetlands, and buffers. There are also proposed wetland and buffer impacts associated with a utility crossing. Please see the attached overall site plan and note that this may change as we are working with the engineers to minimize impacts. Project Name: Yellowbridge County: Wake Applicant Name: Lennar Carolinas, LLC (Attn: Stephen Dorn) Applicant Email: Stephen. Dorn lennar.com Thank you, CAMDEN BRUNICK Environmental Consultant Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 (919)219-6162(cell) Approximate Offsite Easement Evaluation Area USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; USGS Global Ecosystems; U.S. Census Bureau TIGER/Line data: USFS Road Data: Natural Earth Data; U.S. Department of State Humanitarian informatlan Onit; and NDAA National Centers for Environmental Information, U-S. Coastal Relief !Model. Data refreshed June, 2022, Project Number: Map Title: 15041.W12 0 1,000 2,000 Project Manager: Figure 1- USGS Map I I I I I I I SB Ennis Branch Feet Scale: Apex, NC 1 " = 1 000' Date:Source: USGS National Map Soil & Environmental Consultasits, PA 1112112023 8412 Falk X—Road. Sum lOk RalAgUN-('7Mi3•Pb— (90p"&i9W-Figf919)&1l.9+-- 4 Approximate Offsite Easement s C 63 Evaluation Area - G �� • lr u ° QrC I` CrE -_ 9V i __. V CrE IN - ■ Y 1 i i Cr82 CrC21 -� G rC ' wo rC r E I CtB? ��� cry Cr c .wl ' C r E r wo . CrE Au GrB CIC2f Project Number: Map Title: N 1 504'I .IN'� 2 a 500 1.000 aao Project Manager. Figure 2- Soil Survey I i i i SB Ennis Branch Feet Apex, NC Scale: 1 " = 500' soil & Environmental Consultants, PA Date: Source: Wake County SOiI 't 1!2'i 12�23 Survey Sheet 65 ��13 Falk oP Xru:c R.nA-Suirc lOy Ra160h \{'1"635•PMnc (9 i91 �3W10•Fr� f9173F164d!• .nm4 •.vo+n 5 Deborah Shirley From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Tuesday, September 19, 2023 8:07 AM To: Steven Ball; Josh Harvey Subject: RE: [Non-DoD Source] RE: LW 1 and Drained ponds update Yellowbridge Capital / Apex / Wake County / SAW-2022-00147 / Jurisdictional Determination Request We're still working through the new rule, but based on the law on the land today, the wetlands (drained ponds) do not have a continuous surface connection and therefore would not be jurisdictional. Lyle Phillips Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 588-9200 Fax: (919) 562-0421 Email: George.L.Phillips@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and complete the survey. From: Steven Ball <sball@sandec.com> Sent: Tuesday, September 19, 2023 7:53 AM To: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil>; Josh Harvey <jharvey@sandec.com> Subject: RE: [Non-DoD Source] RE: LW 1 and Drained ponds update Yellowbridge Capital / Apex / Wake County / SAW- 2022-00147 / Jurisdictional Determination Request Thanks Lyle. Just wanted to clarify. So what are we thinking on the drained ponds? You good with calling these Non JD under the new rule? I know you are still working through all that. Steven Ball, RF, PWS Project Manager NC Registered Forester #1723 Professional Wetland Scientist #2732 Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office 919-846-5900 Mobile (919) 691-2114 sball(@sandec.com 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. APlease consider the environment before printing this email. From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Tuesday, September 19, 2023 7:51 AM To: Steven Ball <sball@sandec.com>; Josh Harvey <iharvey@sandec.com> Subject: RE: [Non-DoD Source] RE: LW 1 and Drained ponds update Yellowbridge Capital / Apex / Wake County / SAW- 2022-00147 / Jurisdictional Determination Request No hydric soil indicators at LW 1 during our site visit. I asked Josh to remove it from the map. Lyle Phillips Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 588-9200 Fax: (919) 562-0421 Email: George.L.Phillips@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatorV.ops.usace.armV.mil/customer-service-survey/. Thank you for taking the time to visit this site and complete the survey. From: Steven Ball <sball@sandec.com> Sent: Monday, September 18, 2023 3:44 PM To: Josh Harvey <iharvey@sandec.com>; Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Subject: RE: [Non-DoD Source] RE: LW 1 and Drained ponds update Yellowbridge Capital / Apex / Wake County / SAW- 2022-00147 / Jurisdictional Determination Request Question on LW 1 since I was there.... did it just not meet criteria any more .... or are we just calling it not connected? notice we are calling out the drained ponds ... but not the LW 1(its gone). Just want to sure I am reading it correctly as Lennar will certainly ask Thanks Guys. Steven Ball, RF, PWS Project Manager NC Registered Forester #1723 Professional Wetland Scientist #2732 Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office 919-846-5900 Mobile (919) 691-2114 sball@sandec.com 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: Josh Harvey <iharvey@sandec.com> Sent: Monday, September 18, 2023 11:53 AM To: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil>; Steven Ball <sball@sandec.com> Subject: RE: [Non-DoD Source] RE: LW 1 and Drained ponds update Yellowbridge Capital / Apex / Wake County / SAW- 2022-00147 / Jurisdictional Determination Request Lyle, Thanks for meeting with me yesterday. Attached is the update map with the new rule interpretations. The ball is in your court now Q Joshua Harvey Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office (919) 846-5900 Mobile (919) 760-9622 aharvey@sandec.com 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: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Wednesday, September 13, 2023 9:12 AM To: Josh Harvey <iharvey@sandec.com>; Steven Ball <sball@sandec.com> Cc: Deborah Shirley <dshirley@sandec.com> Subject: RE: [Non-DoD Source] RE: LW 1 and Drained ponds update Yellowbridge Capital / Apex / Wake County / SAW- 2022-00147 / Jurisdictional Determination Request Lets plan to meet at 1200. Lyle From: Josh Harvey <iharvey@sandec.com> Sent: Monday, September 11, 2023 4:17 PM To: Steven Ball <sball@sandec.com>; Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Cc: Deborah Shirley <dshirlev@sandec.com> Subject: RE: [Non-DoD Source] RE: LW 1 and Drained ponds update Yellowbridge Capital / Apex / Wake County / SAW- 2022-00147 / Jurisdictional Determination Request Lyle, That works for me. Just let me know what time and ill meet you there. Joshua Harvey Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office (919) 846-5900 Mobile (919) 760-9622 jharvey@sandec.com 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: Steven Ball <sball@sandec.com> Sent: Monday, September 11, 2023 8:33 AM To: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Cc: Josh Harvey <iharvey@sandec.com>; Deborah Shirley <dshirley@sandec.com> Subject: RE: [Non-DoD Source] RE: LW 1 and Drained ponds update Yellowbridge Capital / Apex / Wake County / SAW- 2022-00147 / Jurisdictional Determination Request That should be fine. Josh, please see below and coordinate with Lyle. Steven Ball, RF, PWS Project Manager NC Registered Forester #1723 Professional Wetland Scientist #2732 Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office 919-846-5900 Mobile (919) 691-2114 sball@sandec.com 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: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Monday, September 11, 2023 8:32 AM To: Steven Ball <sball@sandec.com> Cc: Josh Harvey <iharvey@sandec.com>; Deborah Shirley <dshirley@sandec.com> Subject: RE: [Non-DoD Source] RE: LW 1 and Drained ponds update Yellowbridge Capital / Apex / Wake County / SAW- 2022-00147 / Jurisdictional Determination Request Steven, A meeting with Tommy was moved to 09/14 (0900 — 1100). Are you available to move this site visit to the afternoon? Lyle Phillips Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 588-9200 Fax: (919) 562-0421 Email: George.L.Phillips@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and complete the survey. From: Phillips, George L CIV USARMY CESAW (USA) Sent: Wednesday, September 6, 2023 8:28 AM To: Steven Ball <sball@sandec.com> Cc: Josh Harvey <iharvey@sandec.com>; Deborah Shirley <dshirley@sandec.com> Subject: RE: [Non-DoD Source] RE: LW 1 and Drained ponds update Yellowbridge Capital / Apex / Wake County / SAW- 2022-00147 / Jurisdictional Determination Request Sounds good. Let's plan for 900am if that works for you. Lyle Phillips Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 588-9200 Fax: (919) 562-0421 Email: George.L.Phillips@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and complete the survey. From: Steven Ball <sball@sandec.com> Sent: Tuesday, September 5, 2023 2:35 PM To: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Cc: Josh Harvey <iharvey@sandec.com>; Deborah Shirley <dshirley@sandec.com> Subject: RE: [Non-DoD Source] RE: LW 1 and Drained ponds update Yellowbridge Capital / Apex / Wake County / SAW- 2022-00147 / Jurisdictional Determination Request Sure thing. Please pencil me in for 9/14 to make the call on at least this one. III talk to the guys to see if there are other sites that may need a site visit as well. Let me know your thoughts on time. Thanks man Steven Ball, RF, PWS Project Manager NC Registered Forester #1723 Professional Wetland Scientist #2732 Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office 919-846-5900 Mobile (919) 691-2114 sball@sandec.com 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: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Tuesday, September 5, 2023 2:31 PM To: Steven Ball <sball@sandec.com> Cc: Josh Harvey <iharvey@sandec.com>; Deborah Shirley <dshirley@sandec.com> Subject: RE: [Non-DoD Source] RE: LW 1 and Drained ponds update Yellowbridge Capital / Apex / Wake County / SAW- 2022-00147 / Jurisdictional Determination Request Hey Steven, Do you have time for site visit so I can review the area? I have the availability below. If there are any other sites you would like for me to take a look at we can make a day of it. 09/14 09/28 10/05 10/12 Lyle Phillips Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 588-9200 Fax: (919) 562-0421 Email: George.L.Phillips@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and complete the survey. From: Steven Ball <sball@sandec.com> Sent: Tuesday, September 5, 2023 2:22 PM To: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Cc: Josh Harvey <iharvey@sandec.com>; Deborah Shirley <dshirley@sandec.com> Subject: [Non-DoD Source] RE: LW 1 and Drained ponds update Yellowbridge Capital / Apex / Wake County / SAW-2022- 00147 / Jurisdictional Determination Request Lyle, To followup on this one, now that the new WOTUS ruling has come down, we believe this feature (LW1) is not connected should be non -jurisdictional. Are we ok to move forward with this assumption? If you could just let us know if you are good with that, the client is trying to finalize how to best move forward with their site plan. Thanks, Steven Ball, RF, PWS Project Manager NC Registered Forester #1723 Professional Wetland Scientist #2732 Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office 919-846-5900 Mobile (919) 691-2114 sball@sandec.com 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: Steven Ball Sent: Tuesday, August 29, 2023 3:57 PM To: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Cc: Josh Harvey <iharvey@sandec.com> Subject: RE: LW 1 and Drained ponds update Yellowbridge Capital / Apex / Wake County / SAW-2022-00147 / Jurisdictional Determination Request Hey Lyle, On this property, we had a couple of things going on. The ponds are now drained and have been redelineated. And LW 1 is no longer believed to be a wetland. Apparently come to find out, this feature was an outfall for some kind of geothermal cooling/heating system for the house onsite. Now that the house has been abandoned, this feature no longer contains hydrology, and the soils are no longer believed to be hydric. IF we got you an upland dp and updated sketch map ... do you think you would be ok calling this feature out? We will send photos too. Let us know your thoughts, Thanks, Steven Ball, RF, PWS Project Manager NC Registered Forester #1723 Professional Wetland Scientist #2732 Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office 919-846-5900 Mobile (919) 691-2114 sball@sandec.com 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. APlease consider the environment before printing this email. From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Friday, March 11, 2022 8:37 AM To: Steven Ball <sball@sandec.com> Subject: Yellowbridge Capital / Apex / Wake County / SAW-2022-00147 / Jurisdictional Determination Request Steven, I do not need to make a site visit for the above referenced project, and concur with the delineation within the red outlined "Property Boundary" depicted on the attached "Wetland Sketch Map" exhibit. Due to workload volume it may take 90-120 days for the issuance of a standalone JD, however, you may use the delineation for planning and permitting purposes. Should the need for a permit arise the JD can be issued with the permit verification. The AID for this project is SAW-2022-00147. I have attached the "Wetland Sketch Map" exhibit for reference. Please let me know if you have any questions/concerns. Lyle Phillips Regulatory Specialist US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 25. Fax: (919) 562-0421 Email: George.L.Phillips@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatory.ops.usace.army.mil/customer-service-survey/ . Thank you for taking the time to visit this site and complete the survey. 6 129A & 129B TT Pipe ► _"'t toy r r.' *'3a: 4 Braided channels within wetland Town of Apex should confirm. W2 ,r c:•°-144B & 145A TT Pipe � r� -�Q20 U s �� 159 TT 153 128 TT O\1U V U 147 & 152 TT Pipe • a: .''; / �t ,,,++ Wetland finger TIMKEN FOREST DRy. P _y Buffers confirmed by James Mlsaagno with the Town of Apex nn n7/n117n77- Ape B ff r Letter #71-Onfi- aM O J{ itr Legend N. - Approximate Offsite Easement �e 63 Evaluation Area (Apex Buffers Confirmed #21-006) 1V� dlPkVb Potentially Jurisdictional Perennial Stream C-2-no Potentially Jurisdictional Intermittent Stream acxD Potentially Non -Jurisdictional Ephemeral Stream eN/ww Potentially Jurisdictional Linear Wetland Potentially Jurisdictional Wetland Non -Jurisdictional Wetland Potential 50' Town of Apex Buffer Potential 100' Town of Apex Buffer 2' Contours a JOSLYN RIDGE. CT -Iran ft; CH LAIR DIR Detailed Delineation of Waters of the US Suitable for Preliminary Planning Only S&EC mserves the right to modify this map based on more fieldwork, and any other additional information. Approximations were mapped using topographic maps, air photos and ground tur ing. If the site is going to be disturbed, S&EC's detailed delineation should be approved and permitted by the U.S. Army Corps of Engineers as required. If the user of this work desires an accurate map of the regulated features flagged by S&EC, they should retain a NC Registered Professional Land Surveyor to locate S&EC's flagging. Wetland Sketch Map 0 275 550 1,100 Feet N i i I i Ennis Branch Project No. Scale: Apex, Nc 15041.W12 1" = 275' Soil &Environmental Consultants, PA Project Mgr.: Aerials from NC One Map 84@ falb d Nam. NenA tinic IOJ. Rulaigh. N(' 29115 • P ronr, (919) 846 5900 • Fac (919) &N ou 11 /21 /2023 Sl3 Prepared by: JH 7 February 1, 2022 Steven Ball, RF, PWS 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 21-006 2817 US-64 Apex, NC 27523 Cape Fear River Basin Dear Mr. Ball, On February 1, 2022, I reviewed the packet and subject site to evaluate seven (7) drainage features and determine if they are subject to the Town of Apex (Town) riparian buffer rules. Based on the information obtained during the evaluation 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 December 28, 2021. Drainage Shown as Shown as on Determination made Determined Buffer Feature an USGS Soii Survey. _'; in the;freld Width SF1 Intermittent Perennial Perennial 100 feet SF2 Perennial Perennial Perennial 100 feet SF3 * Not Present Not Present Intermittent 0 feet SF4 Intermittent Perennial Ephemeral 0 feet SF5 Perennial Perennial Ephemeral 0 feet Pond 1 Present Present Non Jurisdictional 0 feet Pond 2 Present Present Non Jurisdictional 0 feet *SF3 Not depicted on soils map, scientist opted not to buffer 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 in writing c/o Paul Wojoski, DWR -- 401 & Buffer Permitting Branch; 1617 Mail Service Center, Raleigh, NC 27699-1617. Otherwise the appeal procedure will be in accordance with LIDO 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 Bill lane, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601. This determination is final and binding unless, as detailed above, you ask for a nearing 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 (919) 554-4884. If you have any questions, please do not hesitate to contact me at (919) 372-7470. Sincerely, V6es Misciagno, CES, C S nvironmental Field Se ices Supervisor TOWN OF APEX The Peals of Good Living PO $ox 25o Apex, NC 27502 1 (919) 249-3400 1 www.apexnc.org �Px Riparian Buffer Cal .q Application z �� ciao This application is required to be fully completed and submitted to Town staff prior to conducting a buffer call. Please submit the application package electronically to iessica,bolingayexnc.ora . PROPERTY INFORMATION owner(s): Yellowbridge Capital, LLC Site Address: 2817 US-64 Highway, Apex, NC, 27523 CONSULTANT INFORMATION (If applicable) Name: Steven Sall/Soil & Environmental Consultants, PA Address: 8412 Falls of Neuse Road, Suite 104, Raleigh, NC, 27615 Email: sball@sandec.com Phone: (919) 691-2114 CHECKLIST Please place a checkmark in the spaces provided below to indicate that the required information has been provided with this submittal. Right of Entry Form NCDEQ Stream Identification Forms / (v. 4.11) Sketch Map* `r Topo Map (most recent version) 1970 Wake County Soil Survey Map *5ketch map should show all drainage features on the property with all applicable riparian buffers shown, Please clearly indicate or list which features are being called with this application. NOTES SIGNATURE (Consultant or Responsible Party) By my signature below, 1 certify that the information provided with this application is accurate and truthful. Mason Mont omen Digitally signed by Mason Montgomery g Y Date: 2022.01.17 13:24:34 -05'00' Date: Town of Apex Water Resources Department Revised 10/21/2020 Environmental Consultants, PA R•ilE, ffia� m(I ia�a lrmea�, M� IH►�I. Yf�it�Ja Z(• "„.78,Uy � 9'ikim� ('I y�lf AFIPo-39G�u � Ids: {')@�tf R1fo-� K7 traaiLn ati� PROPERTY OWNER CERTMCATION / AGENT AUTHORIZATION Project Name/Description: Date: Yellowbridge Capital Site The Department of the Army U.S. ArnYy C of Er�iirr �, `Idilm� rr►t', strict 69 Darlington Avenue Wilmington, NC 28403 A- tn: i.yi® Phi". Field Office: -Raleigh Regulatory field {office S&EC Project # 15 441 1, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wiimiirt" District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the -U.S. subject to federal[ jurWiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, +ssuance acid acceptance ofi a permit or certification and any and all associated standard and special conditions.This notification supersedes any previous correspondence concerning the agent for this project. -NOTICE: This authorization, for liability and professional -courtesy reasons, is valkd -only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s) (PIN): Site Address: City, County, State. 0722752304 & 0722743789 rg way Apex, Wake Cry, NC PROPERTY OWNERlNFORMATION: Nwne: Mailing Telephc Property Owner (please print) Date Property Owner Signature We hereby certify the above information submitted in this application is true and accurate to the nest of our knowledge. RIGHT OF ENTRY AGREEMENT I hereby give permission to , its employees, agents, contractors, and subcontractors to enter the property described below for the purpose of conducting inspections with respect to the condition of the property as deemed necessary and desirable by the Town of Apex and maki % such surveys, engimerin& topagraiphirA grnlogieal,, and other tests and measurements, and examinations, as well as the performance of an environmental audit of the property. This Right of'Entry does not grant permission to enter any buildings or structures. The right of entry grar.:ted hereunder shall apply to my property located at, or more particularly described as follows: THAT CERTAIN TRACT OF LAND CONTAINING ACRES MORE OR LESS AN]] FOUND RECORDED IN DEED BOOK AT PAGE OF THE WAKE COUNTY REGTSTRY AND FURTHER. IDENTIFIED AS TAX PIN # -_- LOCATED IN TOWNSHIP, WAKE COUNTY, NORTH CAROLINA. THE PURPOSE OF TIES RIGHT OF ENTRY IS THE PERFORMANCE OF THE ABOVE LISTED TASKS IN CONJUNCTION WITH THE POSSIBLE WETLAND AND STREAM BUFFER DETERMINATIONS. Date: (Owner) Record Omer: Address: Phone#: (9l9) (Please enter a phone number) -Owner: tI�IfGr✓6Al � ���7� / --/— C Address: i/7/z 7-1• c Date Representative NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.1 NC.' DWO Stream Identification Form Version 4.1 Date: December 28, 2021 Project/Site: Yellowbridge Latitude:35.744138 Evaluator: Mason Montgomery County: Wake Longitude:-78.909736 Total Points: Stream Determination (circle one) Other New Hill Stream is at least intermittent SF I - 31pts Ephemeral Intermittent Perennial e.g. Quad Name: Green Level !f z 19 or perennial if z 30* A. Geomorphology ( Subtotal = 15.5 ) Absent Weak Moderate Strong I" 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 No = 0 Yes = 3 artificial ditches are not rated; see discussions in manual R Wvrlrnlnnv (.Ruhtntnl = 9.5 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 an plants or debris 0 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 =;p r. Rinlnnv (Ri ihtntal = B 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in stroambed 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 = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.1 NC'. DWCI Stream Identification Form Version 4.1 Date: December 28, 2021 Project/Site: Yellowbridge Latitude: 35.743937 Evaluator: Mason Montgomery County: Wake Longitude:-78.907512 Total Points: SF2 - 35.5 pts Stream Determination (circle one) Other New Hill! Stream is at least intermittent Ephemeral Intermittent Perennial e.g. Quad Name: Green Level if>_ 19 or erennial ifz 30* A. Geomorphology Subtotal = 2"5 ) Absent Weak Moderate Strong I" 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 No = 0 Yes = 3 -artificial ditches are not rated; see discussions in manual R. Hvrirnlnnv fSiihtntal = S 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 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. Biolociv (Subtotal = b 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 = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: n Per 67 NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.1 NC DWO Stream Identification Form Version 4.1 Date: December 28, 2021 projectlSite: YellowBridge Latitude: 35.743393 Evaluator: Mason Montgomery County: Waite Longitude:-78.907258 Total Points: Stream is intermittent SF3 _ 21.5 ptS Stream Determination (circle one) Other New Hill I of least ff Z 19 or erenniallf? 30* Ephemeral Intermittent Perennial e.g. Quad Name: Green Level A. Geomorphology (Subtotal = I` ) Absent Weak Moderate Strong 1" 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, ripple -pool sequence 0 1 2 3 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 '"artificial ditches are not rated; see discussions in manual B. Hvdroloav (Subtotal = 5.5 • l 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 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes 3 C. Bioloav (Subtotal = 4 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 a 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: Saa.r=N� sus N� k> r on 5ts�k -S NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.1 NC T1WO Strenm Mentif entinn Fnrm Versinn 4.1 Date: December 28, 2021 ProjectlSite: YellowBridge Latitude: 35.740359 Evaluator: Mason Montgomery County: Wake Longitude:-78.911493 Total Points: SF4 Stream Determination (circle one) Other New Hill ! Stream is at least intermittent 8.5 Ephemeral Intermittent Perennial e.g. Quad Name: Green Level if >_ 19 or perennial if >_ 30* A. Geomorphology (Subtotal = I ) Absent Weak Moderate Strong 1' 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, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict fioodplain 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 M a Yes = 3 artificial ditches are not rated; see discussions in manual R Hvrirnlnnv (.qiihtntal = 2 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 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;_ Rinlncty (Suhtntal = 5 5 ] 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 FAC1N = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Below Pond 2 Sketch: NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.1 NV DWn .Stream Identification Form Version 4.1 Bate: December 28, 2021 Project/Site: YellowBridge Latitude: 35.744304 Evaluator: Mason Montgomery County: Wake Longitude:-78.906021 Total Points: 6.5 Stream Determination (circle one) Other New Hill l Stream is at least intermittent SF5 Ephemeral Intermittent Perennial e.g. Quad Name: Green Level if 2� 19 or perennial if? 30* A. Geomorphology (Subtotal = 3 } Absent Weak Moderate Strong 1 a. 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, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict fioodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 B. 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 ditches are not rated; see discussions in manual R Hvrlrolnnv (Suhtntal = 0.5 1 12. Presence of Baseflow, 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter is 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. Soi[-based evidence of high water table? No � 0 Yes = 3 C_ Rioloov (Subtotal = 3 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: Above Pond 3 Off property to the East) Sketch: 1 ' qN , • J I 't�ijy ill rtI �y e l� wr r .no not believed to be subject. I Town ofAnex should confirm. I, ,, I " r , I LW4] CL3' No a 103 TT pond a - r I Ponds not believed to be subject. v, o Legend Town of Apex should confirm. `4 a 1 SF4 ;1 t tad NKEN PORESTr- h t Property Boundary . Potentially Jurisdictional Perennial Stream Detailed Delineation of Waters of the US d^040 Potentially Jurisdictional Intermittent Stream Suitable for Preliminary Planning only i S&EC reserves the right to modify this map based on more fieldwork, - � Potentially Jurisdictional Linear Welland f and any other additional info¢n"ii Approximations were mapped using topographic maps, air photos and g-med truthing. If the site is going Potential 1 OD' Town of Apex Buffer 1.be disturbed. S&EC'a delaih d delineation should be approved and permitted by the U.S. Army Corps or Engioeers as raqubed. If the ..-oft Potentially Jurisdictional Pond this work desires an accurate map of the regulated features flagged by S&EC, they ahrelain a No Registared 1-ofessionai Land Surveyor to oald potentially Jurisdictional Wetland ]orate S&KM flagging • 'SP,URW� I 2' CorltourS 0 200 400 800 Feet N Wetland Sketch Map Project No. Scale: Yellowbridge Capital Site 15041.W2 1" = 200' Apex, NC Soil & Environmental Consultants, PA Projects Mgr.: Aerials from NC One Map SB 1212812021 Iprepared by: MM xit3 r.uf alArrrt.HOW.eiW.IW,aJelth\C I141)•]Fonc r9l91Nb}worr:�l919j b!(rv9l6r "� "" fires Environmental Banc & Exchange, LLC Stream and Wetland Banks Statement of Availability — Cape Fear 03030002 November 20, 2023 Lennar Corporation — Raleigh Division Attn: Tucker Ennis 1100 Perimeter Park Drive Suite 112 Morrisville, NC 27560 Re Project: Ennis Branch This document confirms that the Lennar Corporation — Raleigh Division (Applicant) for the Ennis Branch (Project) has expressed an interest to utilize 314.00 Stream Mitigation Credits from the EBX sponsored RES Cape Fear 02 Umbrella Mitigation Bank, specifically 314.00 Stream credits from the Dairyland 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 astaley@res.us if you have any questions. Best Regards, C Amy Staley Credit Sales Manager RES CC: Rachel Capito, U.S. Army Corps of Engineers Zachary Thomas, NCDEQ Division of Water Resources Mason Montgomery, Soil & Environmental Consultants, PA HOLDINGSOO Cape Fear 02 Wetland Credits Statement of Availability November 20, 2023 Lennar Corporation — Raleigh Division Attn: Tucker Ennis 1100 Perimeter Park Drive Suite 112 Morrisville, NC 27560 RE: Availability of Stream Credits for the "Ennis Branch" project Bank Name: Cape Fear 02 Umbrella Mitigation Bank: Flat Rock Mitigation Site Bank Sites: Flat Rock Mitigation Site Bank Sponsor: Wildlands Holdings VI, LLC USACE Action ID No.: SAW-2021-01309 Permittee: Lennar Corporation — Raleigh Division Wetland Credits Needed: 0.86 acres Wetland Credits Available: 5.49 acres Cape Fear 03030002 River Basin Dear Mr. Ennis, Wildlands Holdings VI, LLC, owned and operated by Wildlands Engineering, Inc., currently has sufficient wetland credits from the Cape Fear 02 Umbrella Mitigation Bank: Flat Rock Mitigation Site to satisfy the wetland mitigation requirements related to the above -mentioned project. The project is located within the Cape Fear River Basin of the service area (HUC 03030002) of the Bank. This letter is simply a statement of availability of credits as of the date written. It is neither a guarantee of future credit availability, nor a guarantee of credit pricing. Credits are sold on a first come, first serve basis at the Bank's price at the time an invoice is requested. Invoices reserve both the credits and the price for a period of 30 days. Credits and associated pricing may be reserved for up to 6 months with a signed reservation agreement and a 10% deposit. Final transfer of the credits will be made upon receipt of a copy of the US Army Corps of Engineers Compensatory Mitigation Responsibility Transfer Form approving the Stream and/or wetland mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings VI, LLC. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332- 7754 x114 or cbrunick@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings VI, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 HWILDLANDSoOO Sincerely, Camden M. Brunick Wildlands Engineering, Inc. Mitigation Credit Sales cbrunick@wildlandseng.com 0: (704) 332-7754 ext. 114 M: (919) 219-6162 Cc: Ms. Rachel Capito, Regulatory Agent I USACE Mr. Zachary Thomas, Regulatory Agent I NCDWR 0 Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846-5900 sandec.com To: U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 January 20, 2022 S&EC Project No: 15041.W6 Re: Online Project Review Request, Yellowbridge, 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 January 20, 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 with proposed stream and wetland impacts. The location of the project and the action area are identified on the enclosed maps. Yellowbridge (35.742499,-78.908146). The site is located at 2817 US 64 Hwy W, 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 15, 2026. This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and per General Condition 18 of Nationwide Permit 29. The enclosed project review package provides the information about the species and critical habitat considered in our review. The species conclusions table included in the package identifies our determinations for the resources that may be affected by the project. For additional information, please contact Mason Montgomery at mmontgomery@sandec.com 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. NHP 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: (919) 846-5900 • Fax: (919) 846-9467 sandec.com January 20, 2022 S&EC Project No.: 15041.W6 To: Lennar Carolinas, LLC Attn: Tucker Ennis 1100 Perimeter Park Drive, Suite 112 Morrisville, NC 27560 Re: THREATENED & ENDANGERED SPECIES REPORT Yellowbridge (+/- 48 acres) 2817 US 64 Highway W, Apex, Wake County, NC Dear Mr. Ennis: On December 28, 2021, Soil & Environmental Consultants, PA (S&EC) evaluated the Yellowbridge property shown on the attached maps for potential endangered species. The property is located at 2817 US 64 Highway W in Wake County, NC. Surface waters on -site flow into Reedy Branch in the Neuse River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as WS-IV; NSW. We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or within one mile of the project area that could potentially be affected by the project. These FWS & NHP reports were updated as of the date of this report. The official species list is valid for 90 days. We conducted 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. Yellowbridge - S&EC Threatened & Endangered Species Report Page 1 of 5 January 20, 2022 S&EC Project #15041.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 seven 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. 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 masoni): 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. Yellowbridge - S&EC Threatened & Endangered Species Report Page 2 of 5 January 20, 2022 S&EC Project #15041.W6 Our preliminary survey concluded that potential suitable habitat does exist on -site. Reedy Branch was +/-6 feet wide with medium baseflow and had a sandy cobble substrate. Additionally, the other streams on -site did not have suitable habitat. It should be noted there is an existing crossing near the proposed stream crossing on the Reedy Branch. Due to these observations, we have concluded that the project would "May affect, not likely to adversely affect" 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 and pond edges. 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 Yellowbridge - S&EC Threatened & Endangered Species Report Page 3 of 5 January 20, 2022 S&EC Project #15041.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. 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. December 27, 2021. 6. NHP report re: December 27, 2021. 7. S&EC — FWS Species Conclusion Table. January 20, 2022. 8. S&EC — FWS Self -Certification Letter. January 20, 2022. Yellowbridge - S&EC Threatened & Endangered Species Report Page 4 of 5 January 20, 2022 S&EC Project #15041.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. Yellowbridge — S&EC Threatened & Endangered Species Report Page 5 of 5 i A-Z O,l .1 Un L�IVG'CR��� a pR +U o k NTICLAIR, DR - Ia L STAR -DR .O .p d� o NC Center for Geographic Information & Analyse Project Number: USGS Map Map Title: N 15041.W6 0 1,000 2,000 Project Manager: I i i i I i i i I SB Yellowbridge Capital Site Feet Scale: Apex, NC 1 " = 1000' Soil & Environmental Consultants, PA Source: 2019 NC New Hill Date: 01/20/2022 & Green Level Quad °°m r13 N V a'C ' CrC2 G i hs f . 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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: (919) 856-4520 Fax: (919) 856-4556 e x hSai k 4YYFJiYJft +cfln7i� i� In Reply Refer To: December 27, 2021 Consultation Code: 04EN2000-2022-SLI-0480 Event Code: 04EN2000-2022-E-01061 Project Name: Yellowbridge 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 species list generated pursuant to the information you provided 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. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 12/27/2021 Event Code: 04EN2000-2022-E-01061 2 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratoDLbirds/CurrentBirdlssues/Hazards/ towers/comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ 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 Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office atjohn—ellis@fws.gov. 12/27/2021 Event Code: 04EN2000-2022-E-01061 Attachment(s): • Official Species List 12/27/2021 Event Code: 04EN2000-2022-E-01061 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 (919) 856-4520 12/27/2021 Event Code: 04EN2000-2022-E-01061 2 Project Summary Consultation Code: 04EN2000-2022-SLI-0480 Event Code: Some(04EN2000-2022-E-01061) Project Name: Yellowbridge Project Type: DEVELOPMENT Project Description: This project is located in Wake County, NC and is approximately 43 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(@35.742854949999995,-78.90834638888671,14z <, , �4� Counties: Wake County, North Carolina 5 12/27/2021 Event Code: 04EN2000-2022-E-01061 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 12/27/2021 Event Code: 04EN2000-2022-E-01061 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 December 27. 2021 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Yellow Bridge; 15041.W6 Dear Robert Zarzecki: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. 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 / \ a. 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O C1� 0- U� � co cn O U U co m N N cn 75 E2 Cl Q co cr m O O O O c� W ti O Q O O Q O U U U N N co co O7 co m N >1 >1 W >1 N W Z Z Z C5 cm N O O — cn N N cn Q cn N N cn Q cn Q Q cn N cn N N co O m N co O O - 0 (n _N (n N M W _N cn N U L U cn U Z v) cn U) > m cn cnco Z Co Q iB m U O N N M cn •cn U- N m p ,O 0)Z O 2 Y - U ; J m O� '� � cya W N N .cn ca pco = U V -0 p U U) U of — cB Q E • E m2 Z ZE� U U N O cn (B N N 0 O cu Q 0) O C: Q C: E O Z) Z) O cn -0 _0 cu C: O cu N cu cu E � O a)4 E — E N -0 , cB C: N � U C cu L N CV O CV O N ca 0 N H 65 United States Department of the FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: O 1 /20/2022 Self -Certification Letter Project Name Yel lowbridge 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 10 From: Ellis, John To: Mason Montgomery; Mann, Leigh Subject: Re: DUE DATE: FEBRUARY 24, 2022 Fw: [EXTERNAL] Yellowbridge T&E Submittal Date: Wednesday, May 11, 2022 11:57:47 AM Mason, The Service concurs with all the determinations for this site. Thanks, John From: Mason Montgomery <mmontgomery@sandec.com> Sent: Tuesday, May 10, 2022 4:06 PM To: Ellis, John <john_ellis@fws.gov>; Mann, Leigh <leigh_mann@fws.gov> Subject: RE: DUE DATE: FEBRUARY 24, 2022 Fw: [EXTERNAL] Yellowbridge T&E Submittal John, I went by the Yellow bridge site today (5/10) to re -survey for Michaux's Sumac. I did not see any individual species or populations of Michaux's Sumac within the property boundary. Please let me know if any documentation like photographs or an updated report will be needed to concur with a "No effect" determination. 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 (919) 846-5900 Direct (919) 746-7750 Mobile (704) 773 -2837 mmontgomery(@sandec.com 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. APlease consider the environment before printing this email. From: Ellis, John <john_ellis@fws.gov> Sent: Monday, April 4, 2022 4:01 PM To: Mason Montgomery <mmontgomery@sandec.com>; Mann, Leigh <leigh_mann@fws.gov> Subject: Fw: DUE DATE: FEBRUARY 24, 2022 Fw: [EXTERNAL] Yellowbridge T&E Submittal Mason, The Service concurs with your determinations for all of the species except for Michaux's sumac. Your site visit was conducted out of the survey window for this plant. If the site is surveyed within the appropriate time period and the results forwarded to our office we will gladly review them. Thanks, John From: Mann, Leigh <leigh_mannna fws.g_ov> on behalf of Raleigh, FW4 <raleighna fws.g_ov> Sent: Tuesday, February 1, 2022 9:45 AM To: Ellis, John <iohn_ellisna fws.g_ov> Subject: DUE DATE: FEBRUARY 24, 2022 Fw: [EXTERNAL] Yellowbridge T&E Submittal From: Mason Montgomery <mmontgomeryPsandec.com> Sent: Tuesday, February 1, 2022 1:11 PM To: Raleigh, FW4 <raleighPfws.gov> Subject: [EXTERNAL] Yellowbridge T&E Submittal 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 Yellowbridge property located in Wake County, INC. S&EC is submitting for concurrence. Please let me know if any additional information is needed to make the determinations. 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 (919) 846-5900 Direct (919) 746-7750 Mobile (704) 773 -2837 mmontgomery(@sandec.com 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. APlease consider the environment before printing this email. 11 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson February 7, 2022 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. Camden Brunick cbrunick@sandec.com Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Re: Construct residential subdivision, 2817 US 64 Highway West, Apex, Wake County, ER 22-0102 Dear Mr. Brunick: Thank you for your letter of January 3, 2022, regarding the above -referenced undertaking. We apologize for the delay and any inconvenience it may have caused. 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@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Wft 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: (919) 807-6570/807-6599 ENVIRONMENTAL IMPACT MAPS . am ENNIS BRANCH 2817 US 64 HIGHWAY WEST APEX, NORTH CAROLINA 27502 VICINITY MAP NOT TO SCALE .,. RIPARIAN BUFFERS AND WETLANDS: RIPARIAN BUFFERS AND WETLANDS LOCATED ON SITE BY S&EC HAVE BEEN CONFIRMED BY THE US ARMY CORPS OF ENGINEERS AND TOWN OF APEX. RIPARIAN BUFFERS FOUND ONSITE, PER THE ARMY CORP AND TOWN OF APEX: APEX 21-006 / FEBRUARY 1, 2022 SITE DATA: 0722-75-2304 43.90 ac 0722-74-3789 4.34 ac Total acreage: 48.24 acres Existing Land Area: Zoning: Existing Use Jurisdiction: Drainage Basin: FEMA Firm panel M 48.24 ac PUD-CZ (Planned Unit Density - Conditional Zoning) Rezoning Case #22CZ06 & #22CZ23 Vacant, Single Family Residential Town of Apex Little Beaver Creek Basin, Cape Fear River Basin Primary Watershed Protection Overlay District 3720072200K(July 19, 2022) OWNER/DEVELOPER ENGINEER/LAND PLANNER SURVEYOR BATEMAN CIVIL SURVEY COMPANY ENVIRONMENTAL CONSULTANT LENNAR CORPORATION - PEAK ENGINEERING & DESIGN, PLLC SOIL & ENVIRONMENTAL CONSULTANTS, PA RALEIGH DIVISION JEFF ROACH, P.E. STEVEN CARSON STEVEN BALL, RE, PWS 1100 PERIMETER DRIVE SUITE 112 1126 Apex Peakway 2624 RELIANCE AVENUE 8412 FALLS OF NEUSE ROAD, SUITE 104 MORRISVILLE, NC 27660 APEX, NC 27602 APX, NC 27602 RALEIGH, NC 27616 P: (919) 224-9922 Phone (919) 439-0100 (919) 677-1080 P: (919) 846-6900 w .PeakEngineenng.com COVER SHEET Proj # PEAK DEVELOPMENT & PUBLIC UTILITIES STREAM, BUFFER, WETLAND IMPACTS 210701 ENNISBR"NCH Drawn By: JE Dwg No Engineering & Design 2817 US 64 HIGHWAY WEST Checked By: JR 1 1125 Apex Paakway I Apex, NC 27502 APEX, NORTH CAROLINA 27502 Date: SEPT 2023 DWR/ ph:9,9n. 100 e i n g gl E n n WHITE OAK TOWNSHIP Scale: as noted USACE r . c o m Y� \\_��. �i�/' ,N; �,;If'`I V��III \t `\!v /�• IJ� `! ;(r= ��) `` _\\ 1 � y�r..� W \,. ter• '�� ' /i /i ) \ Jim.,-� � \ \ � ` -I \ 1 T2 1 PI T • � I II 1 1 '-\!\-\' Ilk o a o 1 \t\ \\ - r--- � �-���71 �'i-r'✓/ III 1 ' / \`, \ '^�/ � '� /' /J I f 117, un ! ti�m xw w w x000 H ,.� � I 'i ✓ ✓/ i/ N V 1 -A fin;/I!/J1 \\`arc �I^`w� I_ // -'�?'i I/ II 9ft,I \- 'Nt \ Ire ,/,I I/i1111 A i VAAAA�VAVAv A �v. ��� �5�-_ v�VIA `�1� J wvv�lvvv\ I.�•II / ��;�/ it � Il A % � �-,�i<,/�i � �i i�l'�� 1���__— � 1j d// � � ���/-ill 1 0 \\ \ I I1� _Y1111�1 o uJ �Z �U IIl / ill(\ �//\\ft _\ __ �` �1 v'1 'v '�v / vqv `v 'vIv ,�i ii figv\\'v�� ,---_�i�k• `y�� o Jr�f/r1A A IIII 1 ~ I x m ►� /\\\\\\ I i /I _�� \ \\\<\, . \\�\\\� \�\ -die i/r /N)Il \I III I�I,\I\\\tI1 � Nd I II � �6\ \ ° . 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NO 27502 APEX, NORTH CAROLINA 27502 Date: SEPT 2023 DWR/ WHITE OAK TOWNSHIP ww w.Pe2 kEoglneering.com Scale: 1" = 40' USACE 290 r EXISTING GRADE 15FI OFFSET (L) EXISTING GRADE C ENTERLINE EXISTING `GRADE 15 T OFFSET (R) / 51' 20' APEX STREA BUFFER I ZONE 2 (J0RDAN IiILAKE) BUFFER STREAM CENTER a: + Elev:277.9 31' ZONE 2 31' 31' BUFFER ONE 1 ZONE IFFER BUFFER EXIST A` DRIVEWAY 280 R \R ��♦ R� \ / /I �f P CONTRACTO�t CONFIRM CHANNEL C SS SECTION PRIOR TO I TALLATION SEP \65 02 LF 12' SDR 35 PVC S/S 270 O SS O O O � N N N N N W II II � N Z Z 0 1 1 1 �zzz 0 10 20 40 SCALE: I— 1" 40'H/1" 4'V 149 LF 8" DIP S/S @ 0.557 TYPICAL UTILITIES 18" BETWEEN WATER & STORM PIPES 24" BETWEEN PVC /S & STORM PIPES 18" BETWEEN PVC /S & WATER TYPICAL UTILITIES MINIMUM DEPTH F C ;'FT WATER LINE 3DE WITHIN R/ SAN SEWER 3FT BE OW SUBGRADE WITHIN R/ (BELOW FINISHED RADE OUTSIDE R/W) O CV O O CO O O O 00 CO � CO 00 CV cV CV CV CV I n1 9+50 10+00 10+50 11+00 11+50 12+00 RIPARIAN BUFFER IMPACT 5 - STREAM A Proj # -PEAK 210701 ENNISBRANCH Drawn By: JE Dwg No Engineering & Design 2817 US 64 HIGHWAY WEST Checked By: JR 13 1125 Apex Peakwa/, Apex, NC 27502 APEX, NORTH CAROLINA 27502 Date: SEPT 2023 DWR/ ph: WHITE OAK TOWNSHIP w ww.Pea kE,glneering.com Scale: 1"=40'H, 1=4'V I USACE \i - ' /I I 4 ( l 1 + 1 La 1.1 1 ff!! i zQ �li /-"\ p� 7&4 1 I II II 1 1 I I� II I 1 I II of EXISTING TOWN OF CARY 48'' ' GRAVITY SEWER OUTFALL � I 1 � I 1 PERMAMENT-NO PERMANENT LASS 164 SF MIA 7 WETLAND W9IMPACT 7 m N W 1 m jrl LIMITS OF DISTURBANCE eJGs'S m 2g0w m 1 _ W9 (1,969 SF) n� UTILITY PARALLEL IMPACT #7 PVC SAS) ZONE 3 IMPACT SEE SHEET 5 STREAM A L� r MIT (TYP) WETLAND W9 IMPACT zone ZO STREAM BUFFER zone 2 ZONE 1: UNDISTURBED/WOODED AREA ZONE 2: VEGETATED qA� zone 3 ZONE 3: 50' RIPARIAN BUFFER 0 10 20 40 NC MD SCALE: 1— 40(NAD 83) WETLAND W9 - IMPACT 7 Proj # -PEAK PERMANENT - NO PERMANENT LOSS 210701 ENNISBRANCH Drawn By: JE Dwg No Engineering & Design 2817 US 64 HIGHWAY WEST Checked By: JR 15 1125 Apex PeeI—y I Apex. 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